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BOOKBINDERS 


LAWS   OF    MAINE 


RELATING    TO 


PUBLIC   SCHOOLS. 


1899. 


Compiled  by  the  State  Superintendent,  and  printed  agreeably  to  An  Act 
approved  March  9,  1889. 


AUGUSTA 

KENNEBEC    JOURNAL    PRINT 
1899 


LAWS  OF  MAINE 


RELATING    TO 


PUBLIC   SCHOOLS, 

Being  Chapter  n,  Revised  Statutes  of  1883,  as  amended  by 
subsequent  legislation,  governing  the  management  of  all  public 
schools  except  those  in  districts  organized  with  special  powers 
by  acts  of  Legislature. 


*Sect.   i.     The  school  districts  in  all  towns  in  this  8911091 
state  are  hereby  abolished.     Provided,  however,  that  abolished, 
school  districts  organized  with  special  powers  by  act 
of  the  legislature,  may  retain  such  organization  and 
special  powers ;  but  said  districts  shall  annually,  on  or 

—exception, 

before  the  first  dav  of  June,  by  their  agents,  trustees  in  case  of 

.  ,  ,  ,    ,     .     specially 

or  directors,  submit  to  the  school  committees  of  their  chartered 

districts. 

several  towns  estimates  of  the  amount  required  for 
the  maintenance  of  the  schools  therein,  other  than 
free  high  schools,  for  the  ensuing  school  year,  and 
shall  be  entitled  to  such  portion  of  the  common  -provisions 

in  such  cases. 

school-funds  of  the  town  as  said  committees  shall 
determine,  which  sum  shall  not  be  less  than  is  neces- 
sary for  the  maintenance  of  their  schools  for  a  period 
equal  to  that  of  the  other  schools  of  the  town. 

The  corporate  powers  of  every  school  district  shall  ~ 
continue  under  this  act  so  far  as  the  same  may  be 
necessary  for  the  meeting  of  its  liabilities  and  the  en- 
forcing  of  its  rights;  and  any  property  held  in  trust  JJ^f;1,  „!",'*• 
by  any  school  district  by  virtue  of  a  gift,  devise  or 

*  Comprising  sei-tions  1  and  4  of  chapter  21(5,  Public  Laws  of  is'.c;. 


85435 


SCHOOL    LAWS    OF    MAINE. 


assessed. 


bequest  for  the  benefit  of  said  district  shall  continue 
Town,  to  to  be  held  and  used  according  to  the  terms  thereof. 
sion  of  school  *Sect.  2.  Immediately  after  this  act  shall  have 
become  a  law,  towns  shall  take  possession  of  all 
schoolhouses,  lands,  apparatus  and  other  property 
owned  and  used  by  the  school  districts  hereby 
abolished,  which  districts  may  lawfully  sell  and  con- 
—  a  raisai  ve^'  ^e  Pr°Perty  so  taken  shall  forthwith  be  ap- 
made°f'  to  be  Pra^se<^  by  tne  assessors  of  said  towns,  and  at  the  first 
annual  assessment  thereafter  a  tax  shall  be  levied 
upon  the  whole  town,  or  such  part  thereof  as  is  in- 
cluded within  the  districts  abolished,  equal  to  the 
wn°le  of  said  appraisal,  and  there  shall  be  remitted 
to  the  tax  payers  of  each  of  said  districts  the  said 
—remittance,  appraised  value  of  its  property  so  taken.  In  case  of 
districts  comprising  parts  of  two  or  more  towns,  the 
assessOrs  of  said  towns  shall  jointly  appraise  the 
school  property  belonging  to  said  districts,  and  shall 
determine  the  part  thereof  belonging  to  each  of  the 
sa-id  towns,  and  each  town  shall  remit  to  the  tax 
payers  in  its  part  of  such  district  the  part  so  deter- 
mined,  in  the  same  manner  as  in  case  of  districts 
whoiiy  within  said  town;  except  that  cities  or  towns, 
which  have  or  shall  reimburse  districts  or  parts  of 
districts  for  their  school  property,  shall  receive  for  the 
use  of  such  city  or  town,  the  money  to  which  such 
districts  or  parts  of  districts  shall  be  entitled  under 
this  act. 

t'Sect.  3.  This  act  shall  not  abolish  or  change 
the  location  °f  any  school  legally  established  at  the 
time  of  its  passage;  but  any  town  at  its  annual  meet- 
'm&>  or  at  a  meetm§"  called  for  the  purpose,  may  de- 


each  district. 


—procedure, 
tr\c\assco°indis" 

oftswogorarts 
more  towns. 


NO  school 


°r 


changed 

votloftown 

n?endCa°tk>n  of  termme  the  number  and  location  of  its  schools,  and 

committee 


may  discontinue  them  or  change  their  location;  but 
such  discontinuance  or  change  of  location  shall  be 
made  only  on  the  written  recommendation  of  the 
superintending  school  committee,  and  on  conditions 
proper  to  preserve  the  just  rights  and  privileges  of 

*  Section  2  of  chapter  216,  Public  Laws  of  1893. 

f  Section  3  of  chapter  216,  Public  Laws  of  1893  as  amended  by  chap- 
ter 295,  Public  Laws  of  1897,  and  by  chapters  48  and  74,  Public  Laws 
of  1899. 


SCHOOL    LAWS    OF    MAINE.  5 

the  inhabitants  for  whose  benefit  such  schools  were 
established,  provided,  however,  that  in  any  case  of 

any  school  having,  as  now  established,  or  which  shall 

..  ...  r    ,  ,    —school  corn- 

hereafter  have,  too  few  scholars    for    its    profitable  mittee,  may 

suspend 

maintenance,  the  superintending  school  committee  small  schools, 
may  suspend  the  operation  of  such  school  for  not 
more  than  one  year,  unless  otherwise  instructed  by  _any  8chool 
the  town,  but  any  public  school  failing  to  maintain 
an  average  attendance  for  any  school  year,  of  at  least 
eight  pupils,  shall  be  and  hereby  is  suspended,  unless 
the  town  in  which  said  school  is  located  shall  by  vote 
instruct  its  superintending  school  committee  to  main-  town- 
tain  said  school.     The  superintendent  of  schools  in  j^Se 
each  town  shall  procure  the  conveyance  of  all  public 
school  pupils  residing  in  his  town,  to  and  from  the 
nearest  suitable  school,  for  the  number  of  weeks  for 
which  schools  are  maintained  in  each  year,  when  such 
pupils  reside  at  such  a  distance  from  the  said  schools  ach™iarsbnear 
as  in  the  judgment  of  the  superintending  school  com-  schools- 
mittee  shall  render  such  conveyance  necessary.     Pro- 
vided, however,  that  the  superintending  school  com- 
mittee may  authorize  the  superintendent  of  schools 
to  pay  the  board  of  any  pupil  or  pupils  at  a  suitable 
place  near  any  established  school,  instead  of  provid- 
ing conveyance  for  said  pupil  or  pupils,  when  in  their 
judgment  it  may  be  done  at  an  equal  or  less  expense 
than  by  conveyance. 

*Sect.  4.     The  school-moneys  of  every  town  shall  schools  shall 
be  so  expended  as  to  give  as  nearly  as  practicable  the  feng?h?fandme 
same  aggregate  annual  length  of   terms    in    all    its  SfVe^per 
schools,  and  every  town  shall  make  provision  for  the  yea 
maintenance  of  all  its  schools  for  not  less  than  twenty 
weeks  annually.     Any   town  failing  to   maintain  its 
schools  as  provided  in  this  section,  shall  be  debarred  —penalty,  for 
from  drawing  its  state  school-moneys,  till  it  shall  maintain* thus 
have  made  suitable  provisions    for    so    maintaining  9C 
them  thereafter. 

*Sect.  5.     Adjoining    towns,    upon    the    written  union 
recommendation  of  the  school    committee    of    said  bebrnain-may 
towns,  may  by  concurrent   action    maintain    union  ta 

*  Sections  5  and  6  of  chapter  216,  Public  Laws  of  1893. 


SCHOOL    LAWS    OF    MAINE. 


—manner 
of  support. 


—manage- 
ment. 


Towns,  to 
raise  for 
schools  80 
cents  per 
inhabitant. 


—penalty. 


School-fund 
and  mill  tax 
to  be  withheld 
from  delin- 
quent towns. 


Towns,  shall 
provide 
school-books, 
for  both 
common  and 
Free  High 
Schools. 


schools  for  the  benefit  of  parts  of  said  towns  in  what 
are  now  union  school  districts,  or  may  establish  such 
schools,  and  shall  contribute  to  their  support  each  in 
proportion  to  the  number  of  scholars  in  each  of  said 
towns  attending  such  schools.  Said  schools  shall  be 
under  the  management  of  the  school  committee  of 
the  town  in  which  their  schoolhouses  are  located. 

Sect.  6.  Every  town  shall  raise  and  expend,  an- 
nually, for  the  support  of  schools  therein,  exclusive 
of  the  income  of  any  corporate  school-fund,  or  of  any 
grant  from  the  revenue  of  funds  from  the  state,  or  of 
any  voluntary  donation,  devise  or  bequest,  or  of  any 
forfeiture  accruing  to  the  use  of  schools,  not  less  than 
eighty  cents  for  each  inhabitant,  according  to  the 
census  by  which  representatives  to  the  legislature 
were  last  apportioned,  under  penalty  of  forfeiting  not 
less  than  twice  nor  more  than  four  times  the  amount 
of  its  deficiency. 

*'Sect.  7.  When  the  governor  and  council  have 
reason  to  believe  that  a  town  has  neglected  to  raise 
and  expend  the  school  money  required  by  law,  or  to 
examine  teachers  as  prescribed  by  law,  or  to  have 
instruction  given  in  the  subjects  prescribed  by  law 
or  to  provide  suitable  text  books  in  the  subjects  pre- 
scribed by  law,  or  faithfully  to  expend  the  school 
money  received  from  the  state,  they  shall  direct  the 
treasurer  of  state  to  withhold  further  payment  to 
such  town  from  the  state  school  *und  and  mill  tax 
until  such  town  satisfies  them  that  it  has  expended 
the  full  amount  of  school  money  required  by  law. 

f  Sect.  8.  Towns  shall  provide  school-books, 
apparatus  and  appliances  for  the  use  of  the  pupils 
in  the  public  schools,  including  all  free  high  schools, 
at  the  expense  of  said  town;  and  shall  also  pay  for 
the  necessary  repairs  of  school-buildings  and  insur- 
ance on  same,  if  any,  improvement  and  maintenance 
of  school  yards  and  playgrounds  out  of  a  sum  or 
sums  of  money  raised  and  appropriated  for  that  pur- 

*  As  amended  by  chapter  64,  Public  Laws  of  1899. 
tAs  amended  by  chapter  268,  Public  Laws  of  1889,  and  further 
amended  by  chapter  260,  Public  Laws  of  1897. 


I 


UNP 
\ 

SCHOOL    LAWS    OF    MA 


pose  which  shall  be  assessed  like  other  moneys;  pro-  Repftlr8> 

vided,  however,  that  any  parent  or  guardian  of  any 

pupil  in  the  public  schools  may,  at  his  own  expense,  froSfacbooi- 

procure  for  the  separate  and  exclusive  use  of  such  fund- 

pupil  the  text-books  required  to  be  used  in  such 

schools. 

*  Sect.  9.     School    committees    shall    make    such  Distribution 
rules  and  regulations  not  repugnant  to  law,  as  they  vationeofer" 
deem  proper,  for  the  distribution  and  preservation  of  b< 
school-books  and  appliances  furnished    at   the    ex- 
pense of  the  town. 

Sect.  10.     When  a  pupil  in  the  public  school  loses,  school-books, 
destroys,  or  unnecessarily  injures  any  such  school- 
book  or  appliance,  furnished  such  pupil  at  the  ex- 


pense  of  said  town,  his  parent  or  guardian  shall  be  Jarent?,  etc. 
notified,  and  if  the  loss  or  damage  is  not  made  good 
to  the  satisfaction  of  such  committee  within  a 
reasonable  time,  they  shall  report  the  case  to  the 
assessors,  who  shall  include  in  the  next  town  tax  of 
the  delinquent  parent  or  guardian  the  value  of  the 
book  or  appliance  so  lost,  destroyed  or  injured,  to  be 
assessed  and  collected  as  other  town  taxes. 

f  Sect.  ii.  Any  city  or  town  may  annually  make 
provision  for  free  instruction  in  industrial  or  mechan- 
ical  drawing,  to  persons  over  fifteen  years  of  age, 
either  in  day  or  evening  schools,  under  direction  of 
the  superintending  school  committee.  Cities  and  schools- 
towns  may  raise  and  appropriate  money  for  the  sup- 
port of  evening  schools  in  addition  to  the  sum  they 
raise  for  the  support  of  common  schools.  Said  eve- 
ning schools  shall  admit  persons  of  any  age,  shall 
teach  only  the  elementary  branches  and  shall  be 
under  the  direction  and  supervision  of  the  local 
school  board. 

Sect.  12.     (Repealed  by  chapter  216,  Public  Laws 
of  1893.) 

J  Sect.  13.  The  assessors  or  municipal  officers  of  Certificftte  of 
each  town,  shall,  on  or  before  the  first  day  of  each  gSf&'g™8' 
May,  make  to  the  state  superintendent  of  public  J^SSy  to 

*  As  amended  by  chapter  268,  Public  Laws  of  l> 
t  As  anicMidcd  by  chanter  246,  Public  Laws  of  1889. 
t  As  amended  by  chapter  237,  Public  Laws  of  1897. 


SCHOOL    LAWS    OF    MAINE. 


State  super- 
intendent. 


Amount 
voted  by 
town. 

—payable 
from  state. 


—expended 
for  schools. 


—unex- 
pended. 


Blanks  fur- 
nished to 
towns. 


—superin- 
tendent to 
make  return 
to  state 
treasurer. 


— money 
withheld 
from  delin- 
quent towns. 


School 
money,  how 
paid  by 
towns. 


—how 
avouched. 


Town,  to 
choose  super- 
intending 
school 
committee. 


—sex,  no  test 
of  eligibility. 


schools,  a  certificate,    under    oath,    embracing   the 
following  items : 

I.  The  amount  voted  by  the  town  for  common 
schools  at  preceding  annual  meeting. 

II.  The  amount  of  school-moneys  payable  to  the 
town  from  the  state  treasury  during  the  year  ending 
with  the  first  day  of  the  preceding  April. 

III.  The  amount  of  money  actually  expended  for 
common  schools  during  the  last  school  year. 

IV.  The  amount  of  school-moneys  unexpended, 
whether  in  the  town  treasury  or  in  the  hands  of  dis- 
trict agents. 

V.  Answers  to  such  other  inquiries  as  are  pre- 
sented to  secure  a  full  and  complete  statement  of 
school  revenues  and  expenditures. 

Sect.  14.  The  state  superintendent  shall  prepare 
and  furnish  to  the  town  officers  such  blanks  as  he 
deems  proper  to  secure  the  fiscal  returns  required  in 
the  preceding  section.  He  shall  return  to  the 
treasurer  of  state  on  the  first  day  of  July,  annually,  a 
list  of  such  towns  as  have  made  such  fiscal  returns; 
and  no  school-moneys  shall  be  paid  by  the  treasurer 
of  state  to  any  town,  so  long  as  it  neglects  to  make 
such  returns. 

Sections  15  and  16  (Repealed  by  chapter  216, 
Public  Laws  of  1893.) 

Sect.  17.  No  money  appropriated  by  law  for  pub- 
lic schools  shall  be  paid  from  the  treasury  of  any 
town,  except  upon  the  written  order  of  its  municipal 
officers;  and  no  such  order  shall  be  drawn  by  said 
officers,  except  upon  presentation  of  a  properly 
vouched  bill  of  items. 

*  Sect.  1 8.  Every  town  shall  choose  by  ballot  at 
its  annual  meeting,  a  superintending  school  com- 
mittee of  three,  to  hold  office  as  provided  in  section 
eighty-six  and  shall  fill  vacancies  arising  therein  at 
each  subsequent  annual  meeting.  No  person  is 
ineligible  to  the  office  of  superintending  school  com- 
mittee on  account  of  sex. 


*As  amended  by  chapter  216,  Public  Laws  of  1893,  and  further 
amended  by  chapter  327,  Public  Laws  of  1897. 


SCHOOL    LAWS    OF    MAINE.  9 

Sect.  19.     (Repealed  by  chapter  216,  Public  Laws 
-ot  1893.) 

tSect.  20.     A  town  failing  to  elect  members  of  Neglect  to 

.  choose  com- 

superintendme:  school  committee  as  required  by  law,  mittee  or 

.  .  superin- 

forfeits  not  less  than  thirty  nor  more  than  two  hun-  tendent. 
dred  dollars. 

JSect.  21.  The  age  of  pupils  allowed  to  attend  the  Right  to  at- 
public  schools  of  this  state  is  hereby  fixed  between  defined!1001' 
the  ages  of  five  and  twenty-one  years  of  age.  Any 
person  between  the  age  of  five  and  twenty-one  years 
living  at  any  light  station  not  embraced  within  the 
limits  of  any  school  district,  shall  be  admitted  to 
any  public  school  in  this  state  without  paying  tuition. 
Such  scholars  shall  be  entitled  to  all  privileges  and 
benefits,  and  be  subject  to  the  same  conditions,  rules 
and  regulations  as  scholars  residing  in  the  district  in 
which  they  attend  school.  Towns  may  make  such 

Towns,  to 

by-laws,  not  repugnant  to  law,  concerning  habitual  make  by-laws 

concerning 

truants,   and   children   between   six   and   seventeen  truants, 
years  of  age  not  attending  school,  without  any  regu- 
lar and  lawful  occupation,  and  growing  up  in  ignor- 
ance, as  are  most  conducive  to  their  welfare  and  the 

-  ...     -penalty. 

good  order  of  society;  and  may  annex  a  suitable 
penalty,  not  exceeding  twenty  dollars,  for  any  breach 
thereof;  but  such  by-laws  must  be  first  approved  by 
a  judge  of  the  supreme  judicial  court. 

Sect.  22.     Such  towns  shall,  at  their  annual  meet-  Who  shall 
ing,  appoint  one  or  more  persons,  who  alone  shall  v°™a$on  o°f 
make  complaints  for  violations  of  said  by-laws,  and  by-laws- 
shall  execute  the  judgments  of  the  magistrate. 

Sect.  23.     Said  magistrate,  in  place  of  fine,  may  Truant  chii- 
order  children  proved  to  be  growing  up  in  truancy,  abfe  institu1" 
and  without  the  benefit  of  the  education  provided  for  tl( 
them  by  law,  to  be  placed   for  such   periods  as   he 
thinks  expedient,  in  the   institution    of   instruction, 
house  of  reformation,  or  other  suitable  situation  pro- 
vided for  the  purpose  under  section  twenty-one. 

t  As  amended  by  chapter  216,  Public  Laws  of  ISH:>. 

J  As  amended  by  chapters  162  and  199,  Public  Laws  of  189.3. 


10 


SCHOOL    LAWS    OF    MAINE. 


Children 
between  ages 
of  7  and  15 
years,  shall 
attend  public 
school  at  least 
16  weeks 
annually. 


—penalty  for 
neglect. 


— children, 
may  attend 
school  in 
adjoining 
town. 


Cities  and 
towns,  shall 
elect  truant 
officers. 


*COMPULSORY    EDUCATION. 

Sect.  24.  Every  child  between  the  ages  of  seven 
and  fifteen  inclusive  shall  attend  some  public  day 
school  during  the  time  such  school  is  in  session; 
provided  that  necessary  absence  may  be  excused  by 
the  superintending  school  committee  or  superin- 
tendent of  schools  or  teacher  acting  by  direction  of 
either;  provided,  also,  that  such  attendance  shall  not 
be  required  if  the  child  obtain  equivalent  instruction, 
for  a  like  period  of  time,  in  an  approved  private 
school  or  in  any  other  manner  approved  by  the  super- 
intending school  committee;  and  provided  further, 
that  the  superintending  school  committee  may  ex- 
clude from  the  public  schools  any  child  whose  physi- 
cal or  mental  condition  makes  it  inexpedient  for  him 
to  attend.  All  persons  having  children  under  their 
control  shall  cause  them  to  attend  school  as  provided 
in  this  section,  and  for  every  neglect  of  such  duty 
shall  forfeit  a  sum  not  exceeding  twenty-five  dollars, 
to  the  treasurer  of  the  city  or  town,  for  the  use  of 
the  public  schools  of  such  city  or  town,  or  shall  be 
imprisoned  not  exceeding  thirty  days. 

Children  living  remote  from  any  public  school  in 
the  town  in  which  they  reside  may  be  allowed  to 
attend  the  public  schools  in  an  adjoining  town,  under 
such  regulations  and  on  such  terms  .  as  the  school 
committees  of  said  towns  agree  upon  and  prescribe,, 
and  the  school  committee  of  the  town  in  which  such 
children  reside  shall  pay  the  sum  agreed  upon,  out  of 
the  appropriations  of  money  raised  in  said  town  for 
school  purposs.  Except  as  above  provided,  a  child 
attending  a  public  school  in  a  town  in  which  his  par- 
ent or  legal  guardian  does  not  reside,  after  having 
obtained  the  consent  of  the  school  committee  of  such 
town,  shall  pay,  as  tuition,  a  sum  equal  to  the  average 
expense  per  scholar  in  such  school. 

f  Sect.  25.  Cities  and  towns  shall  annually  elect 
one  or  more  persons,  to  be  designated  truant  officers,. 

*  Chapter  80,  Public  Laws  of  1899. 

t  As  amended  by  chapter  80,  Public  Laws  of  1899. 


SCHOOL    LAWS    OF    MAINE.  II 

who  shall  inquire  into  all  causes  of  neglect  of  the 
duties  prescribed  in  section  one  and  ascertain  the 
reasons  therefor,  and  shall  promptly  report  the  same 
to  the  superintending  school  committee,  and  such 
truant  officers,  or  any  of  them  shall,  when  so  directed 
by  the  school  committee  or  superintendent  in  writing, 
prosecute  in  the  name  of  the  city  or  town,- any  person 
liable  to  the  penalty  provided  in  said  section ;  and 
said  officers  shall  have  power,  and  it  shall  be  their 
duty,  when  notified  by  any  teacher  that  any  pupil  is 
irregular  in  attendance  to  arrest  and  take  such  pupil 
to  school  when  found  truant;  and  further  it  shall  be 
the  duty  of  such  officers  to  enforce  the  provisions  of 
sections  one  hundred  and  fourteen  to  one  hundred 
and  sixteen,  inclusive,  of  chapter  eleven  of  the  revised 
statutes.  Every  city  or  town  neglecting  to  elect 
truant  officers,  and  truant  officers  neglecting  to  prose- 
cutte  when  directed,  as  required  by  law,  shall  for- 
feit not  less  than  ten  nor  more  than  fifty  dollars,  to 
the  use  of  the  public  schools  in  the  city  or  town  neg- 
lecting as  aforesaid,  or  to  the  use  of  the  public  schools 
in  the  city  or  town  where  such  truant  officer  resides. 

The  municipal  officers  shall  fix  the  compensation  -compensa- 

r     .  .     tion  of  truant 

of  the  truant  officers,  elected  as  prescribed  in  this  officers, 
section.        Superintending"    school    committees    shall  —committee 

may  fill 

have    power  to    fill  vacancies  occurring    during  the  vacancies, 
year. 

Sect.  26.     If   a    child,    without    sufficient    excuse,  Habitual 
shall  be  absent  from  school  six  or  more  times  during  defined, 
any  term,  he  shall  be  deemed  an  habitual  truant,  and 
the  superintending  school  committee  shall  notify  him 
and  any  person  under  whose  control  he  may  be  that 

f  •  f    1  •  —how 

unless  he  conforms  to  section  one  of  this  act,  the  pro-  punished, 
visions  of  the  two  following  sections  will  be  enforced 
against  them ;  and  if  thereafter  such  child  continues 
irregular  in  attendance,  the  truant  officers  or  any  of 
them  shall,  when  so  directed  by  the  school  committee 
or  superintendent  in  writing,  enforce  said  provisions 
by  complaint. 

Any    person    having    control    of    a    child    who    is  Persons 
an    habitual    truant,    as    defined    in    the    foregoing  eucouraein* 


12 


SCHOOL    LAWS    OF    MAINE. 


truancy  how 
punished. 


Habitual 
truant  may 
be  sent  to 
Reform 
School  or 
Industrial 
School  for 
Girls. 


Jurisdiction 
of  officers. 


State  aid  to 
free  high 
school. 


—amount, 
—proviso. 


—how  paid. 


—proviso. 


section,  and  being  in  any  way  responsible  for  such 
truancy,  and  any  person  who  induces  a  child  to  absent 
himself  from  school,  or  harbors  or  conceals  such 
child  when  he  is  absent  shall  forfeit  not  exceeding 
twenty  dollars,  for  the*use  of  the  public  schools  of  the 
city  or  town  in  which  such  child  resides,  to  be  recov- 
ered by  the  truant  officer  on  complaint,  or  shall  be 
imprisoned  not  exceeding  thirty  days. 

On  complaint  of  the  truant  officer,  an  habitual 
truant,  if  a  boy,  may  be  committed  to  the  state  reform 
school,  or,  if  a  girl,  to  the  state  industrial  school  for 
girls,  or  to  any  truant  school  that  may  hereafter  be 
established. 

Sect.  27.  Police  or  municipal  courts  and  trial 
justices  shall  have  jurisdiction  of  the  offences  de- 
scribed in  sections  twenty-four,  twenty-five  and 
twenty-six. 

FREE   HIGH    SCHOOLS. 

*Sect  28.  Any  town  which  establishes  and  main- 
tains a  free  high  school  as  provided  by  this  section 
and  the  seven  following,  for  at  least  ten  weeks  in  any 
one  year,  shall,  on  complying  with  the  conditions 
hereinafter  set  forth,  receive  from  the  state  one-half 
the  amount  actually  expended  for  instruction  in  said 
school,  not  exceeding  two  hundred  and  fifty  dollars; 
provided,  that  no  town  shall  receive  such  state  aid  un- 
less its  appropriation  and  expenditure  for  such 
school,  has  been  exclusive  of  the  amounts  required 
by  law  for  common  school  purposes.  Such  aid  shall 
be  paid  from  the  state  treasury  on  and  after  the  first 
day  of  each  December,  upon  certification  by  the 
governor  and  council  as  provided  by  section  thirty- 
five.  But  whenever  a  town  or  precinct  desires  to 
draw  its  state  aid  semi-annually,  it  shall  be  paid  on 
and  after  the  first  days  of  June  and  December;  pro- 
vided, that  the  superintendent  of  such  town  makes, 
semi-annually,  before  said  days,  the  report  required 
in  section  thirty-five. 


*As  amended  by  chapter  216,  Public  Laws  of  1893. 


SCHOOL    LAWS    OF    MAINE.  13 

*Sect.  20.     Any  town  may  establish  and  maintain  Free  high 

J  schools,  any 

not  exceeding  two  free  high  schools;  and  in  such 


case  shall  receive  the  same  state  aid  as  if  the  expendi- 

tures of  both  schools  had  been  made  for  one.     Two 

or  more  adjoining  towns  may  unite  in  establishing 

and  maintaining  a  free  high  school,  and  both  shall 

receive  the  same  state  aid  as  if  such  school  had  been 

maintained  by  one  town.     So  long  as  any  town  de- 

clines to  avail  itself  of  the  foregoing  provisions,  the 

inhabitants  of  any  section  of  said  town  may  organize  mayebTorJan- 

a  free  high  school  precinct  in  the  manner  hereinafter  SatebSSed. 

provided,  which  may  establish  and  maintain  a  free 

high  school,    and    receive    state    aid   the    same    as 

—  proviso. 

the  town  might  have  done;  provided,  that  no  more 
than  two  such  free  high  schools  shall  be  established 
in  any  town,  and  that  the  amount  of  aid  extended  to 
the  precincts  in  any  town  shall  not  exceed  the  sum 
that  the  town  might  have  received.  On  petition  of 
any  five  voters  resident  in  said  section,  reciting  the 
limits  of  the  precinct  proposed,  the  municipal  offi- 
cers of  the  town  shall  call  a  meeting  of  the  voters 
within  said  limits  by  causing  notices,  specifying  the 
time,  place  and  purposes  of  said  meeting,  seven  days 
before  the  time  appointed,  to  be  posted  in  two  or 
more  conspicuous  places  within  said  limits.  Said 
meeting  shall  choose  a  moderator  and  a  clerk  who 
shall  be  sworn,  and  shall,  by  a  majority  vote  of  those 
present  and  voting,  determine  whether  said  precinct 
shall  be  organized.  It  shall  choose  an  agent  who 
shall  be  duly  sworn,  whose  powers  and  duties  shall 
be  as  hereinafter  defined.  Such  precinct  may  con- 
tinue its  organization  from  year  to  year  by  the  hold- 
ing of  meetings  called  in  the  manner  aforesaid,  so 
long  as  the  town  shall  neglect  or  refuse  to  support 
free  high  schools.  Sections  of  adjoining  towns  may  -sections  of 

.  <  .  ,     ,  1  t-  1  i  adjoining 

organize  as  herein  provided  and  may  establish  and  towns,  may 

f         ,  ,    ,         ,        ,  .  «  organize  pre- 

maintam  a  union  free  msrh  school,  and,  with  the  con-  cincte,  and 

.  ,       ,  .  .  maintain, 

sent  of  both  towns,  may  receive  a  proportional  part  receive  and 
of  such  aid,  to  be  determined  as  provided  by  section  donations  and 

_  .  bequests. 

*  As  amended  by  chapter  216,  Public  Laws  of  1893. 


14  SCHOOL    LAWS    OF    MAINE. 

thirty-five,  but  in  no  case  to  exceed  the  amount  that 
either  town  might  have  received.  But  no  more  than 
two  such  precincts  shall  exist  at  the  same  time  in  any 
town.  Moneys  voted  by  said  precincts  shall  be 
assessed  and  collected  in  the  manner  now  provided 
for  assessment  and  collection  of  moneys  voted  by 
school  districts.  Towns  shall  receive  in  trust  and 
faithfully  expend  gifts  and  bequests  made  to  aid  in 
the  maintenance  of  free  high  schools,  and  shall  re- 
ceive aid  in  such  cases  to  the  same  extent  and  on 
the  same  conditions  as  if  such  schools  had  been  es- 
tablished and  maintained  by  taxation;  and  any  town 
or  district  shall  receive  such  state  aid  on  any  expen- 
diture for  a  free  high  school  or  schools,  made  from 
the  funds  or  proceeds  of  the  real  estate  of  an  academy 
or  incorporated  institution  of  learning,  surrendered 
or  transferred  to  such  town  or  district  for  educational 
purposes  ;  but  if  any  part  of  the  money  so  paid  by  the 
state  is  expended  for  any  other  purpose  than  the  sup- 
port of  such  free  high  schools,  as  provided  by  this 
section,  then  each  person  so  misapplying  said  money 
forfeits  double  the  sum  so  misapplied,  to  be  recov- 
ered  in  an  action  of  debt,  in  the  name  and  to  the  use 
appropriated  of  the  town,  by  any  inhabitant  thereof;  and  no  town 


shall  receive  further  support  from  the  state  for  any 
free  high  school,  until  the  amount  so  received,  but 
misapplied,  has  been  raised  and  expended  for  such 
free  high  schools  by  such  town. 

Location.  *Sect.  30.  Any  town,  or  union  of  towns,  precinct 

or  union  of  precincts,  voting  to  establish  a  free  hign 
school  as  herein  provided,  may  locate  the  same  per- 
manently, or  vote  that  the  terms  thereof  be  held  alter- 

rooCms?&c.,      nately  in  such  sections  or  precincts  within  the  town 

anJfur^1  *  or  towns  as  may  be  selected,  and  as  may  accept  said 
school.  The  precinct  in  which  said  school  is  thus 
held,  shall  supply  appropriate  equipments,  and  fur- 
nish a  warm  and  suitable  building  for  the  same  ;  pro- 

—  proviso.  vided,  that  such  precinct  may  use  its  school  house  or 
school  houses  for  such  free  high  school,  when  not 
required  for  ordinary  school  purposes. 


*  As  amended  by  chapter  216,  Public  Laws  of  1893. 


SCHOOL    LAWS    OF    MAINE.  15 

*  Sect.  31.     The  course  of  study  in  the  free  high  course  of 
schools  shall  embrace  the  ordinary  English  academic  it  shaii 

,        ,       embrace. 

studies  which  are  taught  in  secondary  schools, 
especially  the  natural  sciences  in  their  application  to 
mechanics,  manufactures  and  agriculture;  but  the 
ancient  or  modern  languages  and  music  shall  not  be 
taught  therein  except  by  direction  of  the  superintend- 
ing school  committees  having  supervision  thereof. 
Such  schools,  when  established  by  any  town  or  union 
of  towns,  shall  be  free  to  all  the  youth  in  such  town  or 
towns  who  have  such  scholastic  attainments  as  will 
fit  them  to  attend  such  schools  with  profit,  and  the 
superintendent,  or  superintending  school  committee,  _exception. 
having  supervision  thereof  shall  make  such  examina- 
tion of  candidates  for  admission  to  said  schools  as 
they  consider  necessary.  When  such  school  is  estab- 
lished by  any  precinct  or  union  of  precincts,  it  shall  ^J fre^to  t0 
be  free  in  the  same  manner  to  the  scholars  within  J? district0 wn 
such  precincts,  and  open  also  to  scholars  passing  the 
required  examination  from  without  such  precincts, 
but  within  the  towns  in  which  said  precincts  are 
situated,  on  payment  to  the  agent  of  the  precinct  in 
which  such  school  is  located,  of  such  tuition,  to  be 
fixed  by  the  superintending  school  committee  or 
committees  having  supervision  of  the  same,  as  is 
equivalent  to  the  cost  a  scholar  of  maintaining  such 
school,  after  deducting  the  aid  extended  by  the  state. 
Whenever  in  the  judgment  of  the  superintending  _s  s  com. 
school  committees  having  the  supervision  of  any  free 
high  school  or  schools,  the  number  of  pupils  in  the 
same  may  be  increased  without  detriment,  scholars 
from  without  the  towns  directly  interested  in  such 
school  or  schools,  may  be  admitted  to  the  same  on 
passing  the  required  examination  and  paying  such 
tuition  as  may  be  fixed  by  such  committee,  to  the 
treasurer  of  the  town  in  which  the  school  is  kept, 
when  the  school  is  maintained  by  a  town  or  union 
of  towns,  or  to  the  agent  of  the  precinct  in  which  the 

*  As  amended  by  chapters  100  of  the  Public  Laws  of  1887,  212  of  the 
Pimlic  Laws  of  1889,  21G  of  the  Public  Laws  of  is'.i.H,  and  -2'M  of  the 
Public  Laws  of  1897. 


i6 


SCHOOL    LAWS    OF    MAINE. 


Free  high 
Sect°to8thelb~ 


tain  cases. 
—established 


—established 
townslon 


-established 

by  districts, 


-established 

by  districts  in 

different 

towns. 


Towns,  may 


school1!?1 


Towns,  may 

contract  with 

and  pay  acad- 

emies  and 

high  schools 

for  tuition  of 

scholars. 


school  is  kept,  when  such  school  is  maintained  by  a- 
precinct  or  union  of  precincts. 

*Sect.  32.  Free  high  schools,  established  and 
maintained  under  the  foregoing  provisions,  are  sub- 
Ject  to  tne  ^aws  relating  to  common  schools,  so  far 
as  appijcable,  except  as  otherwise  provided.  When 
established  and  maintained  by  a  town,  they  shall  be 
under  the  supervision  and  entire  management  of  the 
superintending  school  committee  of  such  town. 
When  established  and  maintained  by  a  union  of 
towns,  such  school  shall  be  under  the  supervision  and 
entire  management  of  the  school  committees  of  such 
towns,  who  constitute  a  joint  board  for  that  purpose. 
When  established  and  maintained  by  any  precinct  or 
union  of  precincts  in  the  same  town,  such  schools 
shall  be  under  the  supervision  of  the  superintending 
committee  of  such  town,  or  of  the  state  superintend- 
ent, when  the  precinct  or  precincts  so  elect,  and  un- 
der the  financial  management  of  the  agent  of  the 
precinct  in  which  such  school  is  kept,  who,  in  con- 
nection with  said  committee  or  superintendent,  shall 
employ  teachers  for  the  same.  When  established 

* 

an(^  maintained  by  two  precincts  in  different  towns. 

J 

such  school  shall  be  under  the  supervision  of  the 
superintending  school  committees  of  such  towns, 
who  constitute  a  joint  board  for  that  purpose,  and 
under  the  financial  management  of  the  agents  of  both 
precincts,  who,  in  connection  with  said  committees, 
shall  employ  the  teachers. 

*Sect.  33.  Towns  and  precincts  may  raise  money 
for  establishing  and  maintaining  free  high  schools 
and  erecting  buildings  and  providing  equipments 
for  the  same,  in  the  same  manner  as  for  supporting 
common  schools  and  erecting  schoolhouses. 

t  Sect.  34.  Any  town  may  from  year  to  year 
authorize  its  superintending  school  committee  to  con- 

.  .  .  ,, 

tract  with  and  pay  the  trustees  of  any  academy  in  said 
town  for  the  tuition  of  scholars  within  such  town,  in 


*  As  amended  by  chapter  216,  Public  Laws  of  1893. 
t  As  amended  by  chapter  167,  Public  Laws  of  1889,  and  by  chapter 
6,  Public  Laws  of  1899. 


SCHOOL    LAWS    OF    MAINES  1  7 


the  studies  contemplated  by  the  six  preceding  sec-  -joint  com- 

.  .  mitteepro- 

tions,  under   a  standard  of   scholarship  to  be   estab-  videdfor. 
lished  by  such  committee  ;    and  when  such   contract 
has  been  made,  the  school  committee  with  an  equal 
number  from  the  board  of  trustees  of  such  academy  _entitlecl  to 
shall  form  a  joint  committee  for  the  selection  of  all  state  aui  for 

expenditure. 

teachers,  and  the  arranging  of  the  course  of  study  in 
such  academy,  when  such  academy  has  less  than  ten 
teousand  dollars  endowment  ;  and  the  expenditure  of 
any  town  for  tuition  in  such  academy  shall  be  subject 
to  the  same  conditions,  and  shall  entitle  such  towns 
to  the  same  state  aid  as  if  it  had  made  such  expendi- 
ture for  a  free  high  school. 

*Sect.  35.     Superintendents  shall,  annually,  before  tSffJJtsto 
the  first  day  of  June,  make  returns  under  oath  to  the  Srenatn0nual 
state  superintendent,  on  blanks  prepared  and  sent  out 
by  him,  of  the  amount  appropriated  and  the  amount 
expended  by  each  town  or  precinct  for  instruction  in 
such  free  high  schools  during  the  current  year;  also 
of  the  amount  appropriated    and    the    amount    ex- 
pended for  common  school  purposes  by  each  town 
maintaining  the  same;  the  number  of  weeks  during 
which  such  schools  have  been  taught;  the  wages  paid 
each  teacher;  the  number  of  pupils  registered;  the 
average  attendance;  the  number  of   pupils   in   each 
branch  of  study  pursued,  and  the  amount  received 
for  tuition.     If  the  state  superintendent  is  satisfied  amounts  to 
that  the  provisions  of  the  seven  preceding  sections  are^ntitieS 
have  been  complied  with,  he  shall  certify  to  the  gover- 
nor and  council  the  sum  which  each  town  or  precinct 
is  entitled  to  receive  from  the  state.     Any  town  or 
precinct,  dissatisfied  with  his  decision,  may  appeal 
to  the  governor  and  council.    The  goveror  and  coun- 

—  governor 

cil  shall  issue  a  certificate  to  the    treasurer    of    the  *nd  council, 

to  certify 

town,  or  agent  of  the  precinct,  for  such  amount  as  amounts  to 

treasurer. 

they  adjudge  such  town  or  precinct  entitled  to  re- 
ceive from  the  state  treasury.  Any  person  con- 
nected with  the  management  of  such  free  high 
schools,  either  as  teacher,  agent  or  superintendent,  state> 

*.\s  iuneiitlcd  by  chapter  •_>!<;,  Public  Law  of  1889.  2 


i8 


SCHOOL    LAWS    OF    MAINE. 


Trustees  of 
academies, 
&c.,  may  sur- 
render prop- 
erty to 
establish  free 
high  schools. 


—trustees  of 
free  high 
schools, 
duties  of. 


Property, 
how  con- 
veyed. 


Income  of 
property, 
how  applied. 


—qualifica- 
tion of  pupils, 
how  deter- 
mined. 


Tuition,  to  be 
paid  by  non- 
residents. 


who  in  any  way  aids  or  abets  in  defrauding  the  state 
into  the  payment  in  support  of  said  schools  of  more 
than  is  contemplated  by  this  chapter,  shall  forfeit  not 
less  than  five  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  less  than  one  year. 

Sect.  36.  The  trustees  of  any  academy  or  other 
corporation  formed  for  educational  purposes  may  by 
a  majority  vote  of  such  of  said  trustees  as  reside  in 
the  state,  surrender  the  whole,  or  any  part  of  the 
property  belonging  thereto,  to  the  municipal  officers 
of  any  town,  or  the  trustees  of  any  school-fund  in  any 
town  in  which  said  academy  or  corporation  is  situa- 
ted, for  turning  the  same  into  a  free  high  school  as 
hereinafter  provided,  and  said  municipal  officers  or 
trustees,  for  the  time  being,  shall  be  a  board  of  trus- 
tees to  take  and  hold  said  property  for  maintaining 
a  free  high  school ;  and  upon  receiving  said  property, 
they  shall  use  proper  diligence  to  make  the  same 
produce  income  for  the  support  of  said  free  high 
school. 

Sect.  37.  When  such  vote  is  so  passed,  the  treas- 
urer of  said  trustees  shall  convey,  assign  and  deliver 
to  the  municipal  officers  of  said  town,  or  the  trustees 
of  such  fund,  all  property  belonging  to  said  academy 
or  corporation  for  the  purposes  indicated  by  the  pre- 
ceding section. 

Sect.  38.  The  municipality  accepting  the  prop- 
erty in  trust,  as  named  in  section  thirty-six,  shall 
apply  the  income  thereof  towards  the  support  of  a 
free  high  school,  to  be  kept  within  said  municipality, 
at  least  twenty-two  weeks  in  each  year,  and  provide 
suitable  accommodations  for  the  same  and  the  su- 
perintending school  committee  or  superintendent  in 
said  municipality  shall  determine  the  qualifications 
necessary  to  entitle  any  applicant  to  enter  or  attend 
said  free  high  school,  and  no  one  shall  attend  it  with- 
out the  certificate  of  said  officers  to  that  effect. 

Sect.  39.  All  scholars  residing  within  the  munici- 
pality aforesaid,  having  such  certificate,  may  attend 
said  school  without  tuition  fee,  and  all  scholars  not 


SCHOOL    LAWS    OF    MAINE.  IQ 

residents  of  said  municipality,  may  attend  said 
school,  upon  such  terms  and  conditions  as  said 
school  officers  impose. 

POWERS  AND  OBLIGATIONS  OF  SCHOO.L  DISTRICTS. 

Sections  40  to  55  inclusive.  (Repealed  by  chap- 
ter 216,  Public  Laws  of  1893,  except  so  far  as  appli- 
cable to  districts  not  abolished  by  section  i  of  said 
chapter,  and  to  precincts  formed  for  maintenance  of 
free  high  schools  under  provisions  of  section  7  of 
said  chapter.) 

SCHOOLHOUSES,     LOCATION     AND     ERECTION     OF. 

*Sect.  56.     The  location  for  the  erection  or  re-  Location  for 
moval  of  schoolhouses  and  requisite  buildings  and  houses,  shall 

.  be  designated 

for  playgrounds  shall   be  designated   by  vote  ot  the  by  vote  of 
town  at  any  town  meeting  called  for  that  purpose. 

Sect.  57.     When  a  location  for  the  erection  or  re-  Towns  may 

,      ...  ,.  ,         lay  out 

moval  of  a  schoolhouse  and  requisite  buildings  has  school  house 

lots  in  cer- 

been  legally  designated,  and  the  owner  thereof  re-  tain  cases. 

fuses  to  sell,  or,  in  the  opinion    of    the    municipal 

officers,  asks  an  unreasonable  price  for  it,  or  resides 

without  the  state  and  has  no  authorized  attorney  or 

agent  therein,  they  may  lay  out  a  schoolhouse  lot, 

not  exceeding  one  hundred  square  rods,  and  appraise 

the  damages,  as  is  provided  for  laying  out  town  ways 

and  appraising  the  damages  therefor;  and  on  pay-  -damages, 

ment  or  tender  of  such  damages,  or  if  such  owner  appraised. 

does  not  reside  in  the  state,  upon  depositing  such 

damages  in  the  treasury  of  such  town  or  district  for 

his  use,  the  town  or  district  designating  it  may  take 

such  lot  to  be  held  and  used  for  the  purposes  afore- 

said; and  when  such  schoolhouse  has  ceased  to  be  -lots  to  n>- 

vert  to  owner, 

thereon  for  two  years,  said  lot  reverts  to  the  owner,  if  notoi-m. 

,.,.-.  pied  for  two 

his  heirs  or  assigns.     And  any  town  or  city  may  take 


real  estate  for  the  enlargement  or  extension  of  any 

location  designated  for  the  erection  or  removal  of  a  sch°o1  nouse 


*  As  iinirixk'd  by  chapter  '210,  Public  Laws  of  Is'.t;;. 


2O 


SCHOOL    LAWS    OF    MAINE. 


lots,  play- 
grounds, etc. 
not  within 
fifty  feet  of  i 
dwelling. 


Owners 
aggrieved, 
issue  may  be 
tried  by  jury. 


Schoolhouse 
lots, 

erroneous 
location  of 
re-estab- 
lished and 
made  valid. 


Notice  of 
appraisement 
and  hearing, 
to  be  given. 


Sum,  how 
assessed  and 
collected. 


Tender,  to  be 
allowed  in 
payment. 


schoolhouse  and  requisite  buildings  and  play 
grounds,  as  herein  provided;  but  no  real  estate  shall 
be  so  taken  within  fifty  feet  of  a  dwelling  house. 

*Sect.  58.  If  the  owner  is  aggrieved  at  the  loca- 
tion of  the  lot,  or  the  damages  awarded,  he  may 
apply  to  the  county  commissioners  within  one  year, 
who  may  change  the  location  and  assess  the  dam- 
ages, and  the  proceedings  shall  be  conducted  as  in 
section  eight,  of  chapter  eighteen.  If  the  damages 
are  increased,  or  the  location  changed,  such  town 
shall  pay  the  damages  and  costs;  otherwise  the  costs 
shall  be  paid  by  the  applicant. 

*Sect.  59.  Any  town  which,  by  its  officers  or  by  a 
committee,  has  designated,  located  and  described  a 
lot  upon  which  to  erect,  move  or  repair  a  school- 
house,  and  from  mistake  or  omission  has  failed  to 
comply  with  the  law,  whereby  such  location  has  been 
rendered  invalid,  may,  on  petition  of  three  legal 
voters  and  taxpayers  thereof,  apply  in  writing  to  the 
selectmen  of  said  town,  and  have  the  lot,  so  desig- 
nated or  described,  reappraised  by  them. 

*Sect.  60.  The  selectmen  of  any  town  to  whom 
such  application  has  been  made,  shall  forthwith  give 
not  less  than  seven  nor  more  than  twenty  days'  no- 
tice, to  the  owner  of  such  real  estate,  or  to  the  per- 
sons having  the  same  in  charge,  of  the  time  and  place 
by  them  fixed  for  such  hearing,  and  shall,  after 
examination  and  hearing  of  all  interested,  appraise 
the  lot  as  set  out  and  affix  a  fair  value  thereon,  ex- 
clusive of  improvements  made  by  said  town  either 
by  buildings  or  otherwise;  and  shall,  as  soon  as 
practicable,  notify  the  persons  interested  in  said  es- 
tate who  had  been  notified  as  hereinbefore  provided, 
of  the  sum  at  which  said  lot  has  been  appraised. 

Sect.  61.  The  sum  fixed  as  the  value  of  said  lot 
shall  be  assessed,  collected  and  paid  over  as  provided 
in  section  fifty-eight. 

Sect.  62.  Any  sum  which  has  been  tendered  and 
is  in  the  hands  or  under  the  control  of  the  person 

*  As  amended  by  chapter  216,  Public  Laws  of  1893. 


SCHOOL    LAWS    OF    MAINE.  21 

owning  or  having  charge  of  such  land,  shall  be 
allowed  in  payment  of  said  appraisal. 

*Sect.  63.     If  the    persons    owning    or    having  Land  owners* 

..    ,  ...  .  may  appeal. 

charge  of  the  land  on  which  such  location  is  made, 
are  dissatisfied  with  such  appraisal,  either  party  may 
within  ten  days  appeal  to  the  county  commissioners 
of  the  county  in  which  the  land  lies,  by  filing  a  copy 
of  the  proceedings  and  a  claim  of  appeal  with  said 
commissioners,  and  the  determination  of  a  majority 
of  said  commissioners  shall  be  final. 

*Sect.  64.     When  any  town  has  erected  or  moved  improve- 

ments,  inure 

a  building  upon  such  lot  or  in  any  way  improved  the  to  town  or 

district. 

same,  such  improvement  shall  inure  to  the  benefit  of 
such  town,  and  the  same  may  be  as  completely  occu- 
pied and  controlled  by  such  town  as  it  would  have 
been  if  such  location  had  been  in  strict  conformity 
to  law. 

Sect.  65.     The  legality  of  a  tax  assessed  to  build,  Tax,  not 
repair  or  remove  a  schoolhouse  and  to  pay  for  a  lot,  error  in  loo*- 
shall  not  be  affected  by  any  mistake  or  error  in  the 
designation  or  location  thereof. 

*Sect.  66.     A  plan  for  the  erection  or  reconstruc-  pian,  to  be 
tion  of  a  schoolhouse  voted  by  a  town  shall  first  be  If  s.rcornd  by 
approved  by  the  superintending  school  committee. 

Sections  67  to  84  inclusive.  (Repealed,  except  as 
applicable  to  districts  not  abolished  by  section  i  of 
chapter  216,  Public  Laws  of  1893,  and  to  precincts 
formed  under  provisions  of  section  7  of  said  chapter 
for  the  maintenance  of  free  high  schools.) 

*As  amended  by  chapter  216,  Public  Laws  of  1893. 


22  SCHOOL    LAWS    OF    MAINE. 

POWERS    AND    DUTIES    OF    SUPERINTENDING  SCHOO.L. 
COMMITTEES    AND    SUPERINTENDENTS. 

officers,  to  be      *Sect.  85.     Members    of    superintending    school 

sworn.  .          •* 

committees  shall  be  sworn. 

Terms  of  *Sect.  86.     School  committees  at  their  first  meet- 

office,  how 
fixed.  mg  shall  designate  by  lot  a  member  or  members  to 

hold  office  for  one,  two  and  three  years  respectively, 
in  manner  as  follows ;  one  for  one  year,  one  for  two 
years  and  one  for  three  years;  and  they  shall  certify 
such  designation  to  the  town  clerk  to  be  by  him  re- 
corded. Said  committee  shall  have  power  to  fill 
vacancies  occurring  during  the  interim  between  an- 
nual meetings,  and  the  term  of  office  of  any  member 

—vacancies, 

how  ailed.       of  the  committee  so  chosen  shall  expire  at  the  next 
annual  town  meeting.     No  member  of  the  superin- 
tending school  committee  of  any  town  shall  be  em- 
ployed as  a  teacher  in  any  public  school  in  said  town/ 
(See  sect.  129.)      fSect.  87.     The  management  of  the  schools  and 
the  custody  and  care  of  all  school  property  in  every 
town,  shall  devolve   upon  a   superintending   school 
committee  which  shall  perform  the  following  duties. 
Appoint  time       t-1'     They  shall  appoint  suitable  times  and  places 
examination    for  the  examination  of  candidates  proposing  to  teach 
of  teachers.     in  town>  and  shalj  gjve  notice  thereof  by  posting  the 

same  in  two  or  more  public  places  within  the  town 
at  least  three  weeks  before  the  time  of  said  examina- 
tion, or  by  the  publication  of  said  notice  for  a  like  time 
in  one  or  more  newspapers  having  the  largest  cir- 
culation in  the  county.  They  shall  employ  teachers 
—school  week  for  the  several  districts  in  the  town.  Five  days  con- 
stitute the  school  week,  and  four  weeks  a  school 
month. 

instructors  of      fll.     On  satisfactory   evidence  that   a   candidate 

mationeofan]"   possesses  a  good  moral  character,  and  a  temper  and 

disposition  suitable  to  be  an  instructor  of  youth,  they 

shall    examine   him    in    reading,    spelling,    English 

*As  amended  by  chapter  216,  Public  Laws  of  1893,  and  further 
amended  by  chapter  327,  Public  Laws  of  1897. 

t  As  amended  by  chapter  216,  Public  Laws  of  1893. 

JAsamended  by  chapter  32,  Public  Laws  of  1891  and  chapter  267 
Public  Laws  of  1885. 


SCHOOL    LAWS    OF    MAINE.  23 

grammar, geography,  history,  arithmetic,  book-keep- 
ing, civics,  and  physiology  with  special  reference  to 
the  effects  of  alcoholic  drinks,  stimulants  and  narco- 
tics upon  the  human  system;  and  the  elements  of  the 
natural  sciences,  especially  as  applied  to  agriculture, 
and  such  other  branches  as  they  desire  to  introduce 
into  public  schools,  and  particularly  into  the  school 
for  which  he  is  examined;  also  as  to  his  capacity  for 
the  government  thereof. 

*III.  They  shall  give  to  each  candidate  found  certificate  to 
competent,  a  certificate  that  he  is  qualified  to  govern 
said  school  and  instruct  in  the  branches  attove 
named,  and  such  other  branches  as  may  be  necessary 
to  be  taught  therein ;  or  they  may  render  valid  by  in- 
dorsement, any  graded  certificate  issued  to  teachers 
by  normal  school  principals,  or  the  state  superin- 
tendent. No  certificate  shall  be  granted  any  person 
to  teach  in  the  public  schools  of  this  state  after  the 
fourth  day  of  July,  eighteen  hundred  and  eighty-five, 
who  has  not  passed  a  satisfactory  examination  in 
physiology  and  hygiene,  with  special  reference  to  the 
effects  of  alcoholic  drinks,  stimulants  and  narcotics 
upon  the  human  system. 

IV.     Direct  the  general  course  of  instruction,  and  Direct  course 
select  a  uniform  system  of  text-books,  due  notice  of  JJ»aBt£3-ction 
which  shall  be  given;  any  text-book  thus  introduced,  b< 
shall  not  be  changed  for  five  years  unless  by  a  vote 
of  the  town;  any  person  violating  this  provision  shall 
forfeit  not  exceeding  five  hundred  dollars,  to  be  re- 
covered in  an  action  of  debt  by  any  school  officer  or 
person  aggrieved.       And  when  said  committee  shall 
have  made  such  selection  of  school-books,  they  shall 
contract,  under  section  eisfht,  with  the  publishers  for  -purchase 

and  preserva- 

tne  purchase  and  delivery  thereof,   and   make    such  tion  of  books, 
rules  as  they  deem  effectual  for  their  preservation 
and  return. 

*V.     They  shall  make  provisions  for  instructing 
all  pupils  in  all  schools  supported  by  public  money, 

*As  amended  by  chapter  2(57,  Public  Laws  of  issr». 


SCHOOL    LAWS    OF    MAINE. 


—effects  of 
alcoholic 
drinks,  etc. 


May  dismiss 
teachers  for 
sufficient 
cause. 


Expel 
scholars. 


Exclude 
scholars  not 
vaccinated. 


Clasify 
scholars. 


Shall 
annually 
elect  super- 
intendent. 


Duties  of 
superintend- 
ent not  a 
member  of 
committee. 


or  under  state  control,  in  physiology  and  hygiene, 
with  special  reference  to  the  effects  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human 
system. 

*VI.  After  due  notice  and  investigation,  they 
shall  dismiss  any  teacher,  although  having  the 
requisite  certificate,  who  proves  unfit  to  teach,  or 
whose  services  they  deem  unprofitable  to  the  school ; 
and  give  to  said  teacher  a  certificate  of  dismissal  and 
of  the  reasons  therefor,  a  copy  of  which  they  shall 
retain,  which  shall  not  deprive  the  teacher  of  com- 
pensation for  previous  services. 

VII.  Expel  any  obstinately  disobedient  and  dis- 
orderly scholar,  after  a  proper  investigation  of  his 
behavior,  if  found  necessary  for  the  peace  and  use- 
fulness of  the  school ;  and  restore  him  on  satisfactory 
evidence  of  his  repentance  and  amendment. 

VIII.  Exclude,  if  they  deem  it  expedient,  any 
person  not  vaccinated,  although  otherwise  entitled  to 
admission. 

IX.  (Repealed  by  chapter  216,   Public  Laws   of 

1893.) 

X.  (Repealed  by  Chapter  199,  Public  Laws  of 

1893.) 

*XL  Determine  what  description  of  scholars 
shall  attend  each  school,  classify  them,  and  transfer 
them  from  school  to  school  where  more  than  one 
school  is  kept  at  the  same  time. 

fXII.  They  shall  annually  elect  a  superin- 
tendent of  schools  who  shall  not  be  a  member  of  the 
committee,  who  shall  be  ex-officio  secretary  of  the 
committee.  Said  superintendent  shall  perform  the 
following  duties : 

(i.)  He  shall  make  in  April,  annually,  a  certified 
list  of  the  names  and  ages  of  all  persons  in  his  town, 
from  four  to  twenty-one  years,  corrected  to  the  first 
day  of  said  month,  leaving  out  of  said  enumeration 
all  persons  coming  from  other  places  to  attend  any 
college  or  academy,  or  to  labor  in  any  factory,  or  at 
any  manufacturing  or  other  business. 

*As  amended  by  chapter  210,  Public  Laws  of  1893. 
t  As  amended  by  chapter  216,  Public  Laws  of  1893  and  chapter  332, 
Public  Laws  of  1897. 


SCHOOL    LAWS    OF    MAINE.  25 

(2.)  He  shall  examine  the  schools  and  inquire 
into  the  regulations  and  discipline  thereof  and  the 
proficiency  of  the  scholars,  for  which  purpose  he 
shall  visit  each  school  at  least  twice  each  term. 

(3.)  He  shall  make  all  reports  and  returns  relat- 
ing to  the  schools  of  the  town  which  are  now  or  may 
be  required  by  law  to  be  made  by  superintending 
school  committees. 

(4.)  He  shall  perform  such  other  duties  as  said 
committee  shall  direct. 

*Sect.  88.     The  superintendent   of   schools   shall  Annual 

.    .  .   ,,        .         statement. 

annually  make  a  statement  containing  the  following 
particulars. 

I.  The  amount  of  money   raised   and   expended  Particulars, 
for  the  support  of  schools,  designating  what  part  is 

raised  by  taxes,  and  what  part  from  other  funds,  and 
how  such  funds  accrued. 

II.  The  number  of  children  between  four  and 
twenty-one  years  of  age,  belonging  to  their  town  on 
the  first  day  of  April  preceding. 

III.  The  whole  number  and  the  average  number  Return  of 
of  scholars  attending  the  summer  schools;  the  whole  sc 
number  and  the  average,  attending  the  winter  schools, 

also  the  total  number  of  different  scholars  attending 
school  two  weeks  or  more  of  the  preceding  year,  as 
shall  appear  from  the  teachers'  registers  returnable 
to  said  officer  agreeably  to  section  ninety-six. 

IV.  The  average  length  of  the   summer  schools 
in  weeks ;  the  average  length  of  the  winter  schools  in 
weeks ;  and  the  average  length  of  the  schools  for  the 
year. 

V.  The  number  of  male,  and  of  female  teachers 
employed  in  the  public  schools  during  any  part  of 
the  year. 

VI.  The  wages  of  male  teachers  a  month,  and  the 
wages  of  female  teachers  a  week,  exclusive  of  board. 

fVII.     He  shall  give  in  his  returns  the  number  of  ^J^nd. 
persons  between  the  ages  of  four    and   twenty-one  JjSSoois.ublic 

*  As  amended  by  chapter  216,  Public  Laws  of  is'.i.",. 
f  As  :i  unaided  by  chapter  i.v.t,  Public  Laws  of  IS'JT. 


26 


SCHOOL    LAWS    OF    MAINE. 


School  corn- 


pay,  unless 
otherwise 
voted  by  the 
town. 

—pay  of 
superintend- 
ent. 


years,  corrected  to  the  first  day  of  April  preceding 
the  time  of  making  said  returns  and  full  and  complete 
answers  to  the  inquiries  contained  in  the  blank  forms 
furnished  him  by  law;  certify  that  such  statement  is 
true  and  correct,  according  to  his  best  knowledge 
and  belief;  and  transmit  it  to  the  office  of  the  state 
superintendent  on  or  before  the  first  day  of  each  May. 
He  shall  also  furnish  such  other  information  relating 
to  the  public  schools  as  the  said  superintendent  shall 
at  any  time  require  of  him. 

Sections  89  and  90.  (Repealed  by  chapter  216, 
Public  Laws  of  1893.) 

Section  91.  (Repealed  by  chapter  268,  Public 
Laws  of  1889.) 

*Sect.  92.  Superintending  school  committees 
shall  serve  without  pay,  unless  otherwise  voted  by  the 
town,  but  the  superintendent  shall  receive  for  his 
services  such  sum  as  the  town  shall  annually  vote 
therefor,  which  sum  shall  in  no  case  be  less  than  two 
dollars  per  day  for  every  day  of  actual  service« 

Sections  93,  94  and  95.  (Repealed  by  chapter  216, 
Public  Laws  of  1893.) 


Teachers,  to 
keep  school 
register. 


—not  to  be 
paid  till 
register  is 
completed. 


DUTIES     AND     QUALIFICATIONS     OF     INSTRUCTORS. 

Sect.  96.  Every  teacher  of  a  public  school  shall 
keep  a  register  thereof,  containing  the  names  of  all 
the  scholars  who  enter  the  school,  their  ages,  the  date 
of  each  scholar's  entering  and  leaving,  the  number  of 
days  during  which  each  attended,  the  length  of  the 
school,  the  teacher's  wages,  a  list  of  text-books  used,, 
and  all  other  facts  required  by  the  blank  form  fur- 
nished him;  such  register  shall  at  all  times  be  open 
to  the  inspection  of  the  school  committee,  and  be  re- 
turned to  them  at  the  close  of  the  school.  No  teacher 
shall  be  paid  for  his  services,  until  such  register, 
properly  filled,  completed  and  signed,  is  deposited 
with  the  school  committee,  or  with  a  person  desig- 
nated by  them  to  receive  it. 


*As  amended  by  chapter  216,  Public  Laws  of  1893,  and  further 
amended  by  chapter  327,  Public  Laws  of  1897. 


SCHOOL    LAWS    OF    MAINE.  27 

*Sect.  97.     The  presidents,  professors,  and  tutors  instructors  of 

y/  colleges,  etc., 

of  colleges,  the  preceptors  and  teachers  of  academ-  to  inculcate 

p  .  morality, 

ies,  and  all  other  instructors  of  youth,  in  public  or  justice  and 

/  patriotism. 

private  institutions,  shall  use  their  best  endeavors  to 
impress  on  the  minds  of  the  children  and  youth  com- 
mitted to  their  care  and  instruction,  the  principles  of 
morality  and  justice,  and  a  sacred  regard  for  truth; 
love  of  country,  humanity,  and  a  universal  benevo- 
lence, sobriety,  industry,  and  frugality;  chastity, 
moderation,  and  temperance;  and  all  other  virtues 
which  ornament  human  society;  and  to  lead  those 
under  their  care,  as  their  ages  and  capacities  admit, 
into  a  particular  understanding  of  the  tendency  of 
such  virtues  to  preserve  and  perfect  a  republican  con- 
stitution, secure  the  blessings  of  liberty,  and  promote. 
their  future  happiness;  and  the  tendency  of  the  oppo- 
site  vices,  to  slavery,  degradation  and  ruin.  And  it  jfjjjjj  be* 
also  shall  be  the  duty  of  all  teachers  in  the  public 
schools  of  this  state  to  devote  not  less  than  ten 
minutes  of  each  week  of  the  school  term,  to  teaching 
to  the  children  under  their  charge,  the  principles  of 
kindness  to  birds  and  animals. 

tSect.  08.     Whoever  teaches  a  public  school  with-  Forfeiture, 

.    .  .  ~  for  teaching 

out  first  obtaining  a  certificate  from  the  school  com-  without 

....  certificate. 

mittee  of  the  town,  forfeits  not  exceeding  the  sum 
contracted  for  his  daily  wages,  for  each  day  he  so 
teaches,  and  is  barred  from  receiving  pay  therefor; 
and  no  certificate  shall  be  valid  for  more  than  one 
year  without  the  approval  of  the  superintending 
school  committee  annually  endorsed  thereon. 


SCHOOLS    IN    PLANTATIONS. 

JSect.  QQ.     Plantations  have  the  same  powers  and 

,.  T  .,...  r  ,      ,.  ./[  Powers  of 

liabilities  as  towns,  for   electing   committees,   treas-  plantations. 
urers,  collectors,  and  for  raising,  assessing  and  col- 
lecting school-money,  to  be  apportioned    and   ex- 
pended as  in  towns.     The   assessors   of   plantations 


*  As  amended  by  chapter  ±J1,  Public  Laws  of  1S91. 
f  As  amended  by  chapter  •_>'JS,  Public  Laws  of  18S!>. 
|  As  amended  by  chapter  -2K',,  Public  Laws  of  is1.*:;. 


28 


SCHOOL    LAWS    OF    MAINE. 


may  take  a  census  of  the  inhabitants  thereof,  at  the 
expense  of  the  plantation,  and  when  so  taken,  the 
money  raised  therein  for  schools  shall  be  upon  the 
basis  of  such  census  and  not  upon  the  census  of  the 
state. 


Schooling  of 
children  in 
unincorpo- 
rated town- 
ships. 


Enumeration 
of  children  in, 


State  super- 
intendent 
may  establish 
schools  in 
township  or 
send  children 
to  schools  in 
adjoining 
towns. 


— expense  of 
schools  how 
paid. 


SCHOOLING      OF      CHILDREN      IN      UNORGANIZED 
TOWNSHIPS. 

*  Sect.  100.  Whenever  in  any  unorganized  town- 
ship in  this  state  there  shall  be  two  or  more  children 
between  the  ages  of  four  and  twenty-one  years,  the 
state  superintendent  of  schools  shall  cause  an  enumer- 
ation of  said  children  to  be  made,  and  returned  to 
him,  and  shall  provide  for  the  schooling  of  said  chil- 
dren, either  by  establishing  a  school  in  the  township, 
or  by  sending  the  children  to  schools  in  adjoining 
towns  or  plantations,  or  both,  as  shall  by  him  be 
deemed  expedient.  In  case  any  of  said  children  are, 
by  the  state  superintendent,  sent  to  schools  in  adjoin- 
ing towns  or  plantations,  said  children  so  sent  shall 
have  the  same  rights  in  such  school  as  children  resi- 
dent in  said  town  or  plantation.  Provided,  however, 
that  in  case  the  interest  on  the  reserve  fund  in  any 
unorganized  township  together  with  the  amount  aris- 
ing from  the  per  capita  tax  called  for  in  this  act,  is 
not  sufficient  to  provide  schooling  for  the  children  of 
said  township  for  at  least  twenty  weeks  in  a  year,  the 
remainder  of  the  expense  shall  be  paid  from  the  fund 
appropriated  by  section  four  of  this  act,  provided 
further,  that  no  money  shall  be  expended  under  this 
section  for  the  benefit  of  any  township  until  the 
inhabitants  of  said  township  shall  pay  to  the  state 
treasurer  a  sum  equal  to  twenty-five  cents  for  each 
inhabitant  thereof. 

The  state  superintendent  shall  certify  to  the  gover- 
nor and  council  the  number  and  residence  of  the  chil- 
dren enumerated  and  schooled,  as  provided  in  sec- 
tion one  of  this  chapter,  together  with  the  cost  of 
schooling  said  children  and  the  governor  and  council 


*As  amended  by  chapter  89,  Public  Laws  of  1899. 


SCHOOL    LAWS    OF    MAINE. 

shall  direct  the  treasurer  of  state  to  pay  to  the  state 
superintendent  of  schools  so  much  of  the  interest  on 
the  reserve  land  fund  of  the  township  in  which  said 
children  reside  as,  added  to  the  amount  received  from 
the  inhabitants  of  the  township  from  the  per  capita 
tax,  shall  pay  the  expense  of  said  school.  The  state 
superintendent  of  schools  shall  pay  to  the  treasurer 
of  any  town  or  plantation  in  which  he  may  school 
any  of  said  children,  the  same  amount  per  scholar  as 
is  apportioned  per  scholar  by  the  state  treasurer  for 
that  year. 

The  state  superintendent  of  schools  shall  have 
power  to  appoint  agents  for  the  several  townships  in 
which  schools  shall  be  established  under  this  act, 
whose  duty  it  shall  be  under  the  direction  of  the  state 
superintendent  to  enumerate  the  pupils,  collect  the 
per  capita  tax,  employ  the  teacher  and  attend  to  all 
necessary  details  in  connection  with  said  schools ;  for 
which  work  he  shall  be  paid  a  sum  not  exceedisg  two 
dollars  per  day,  when  actually  employed  in  this  duty, 
and  actual  necessary  traveling  expenses. 

For  the  purpose  of  carrying  out  the  provisions  of 
this  act,  there  is  hereby  appropriated  the  sum  of  fif-  Priation< 
teen  hundred  dollars  annually. 


STATE    SUPERINTENDENT    OF    PUBLIC    SCHOO.LS. 

*Sect.  102.     The  governor  with   the   advice   and  Appointment 
consent  of  council,  shall  appoint  a  state  superintend-  oSfCe?rm  °f 
ent  of  public  schools,  who  shall  be  sworn  and  con- 
tinue in  office  three  years,  or  during  the  pleasure  of 
the  executive;  vacancies  shall  be  filled  by  a  new  ap- 
pointment for  a  like  term. 

Sect.  103.  An  office  shall  be  provided  for  him  at  TO  have  an 
the  seat  of  government,  where  he  shall  preserve  all 
school  reports  of  this  state  and  of  other  states  which 
he  may  receive,  the  returns  of  the  school  committees 
of  the  various  towns,  and  such  books,  apparatus, 
maps,  charts,  works  on  education,  plans  for  school 
buildings,  models,  and  other  articles  of  interest  to 

*  As  amended  by  chapter  >2:>>l,  Public  Laws  of  1S!>7. 


SCHOOL    LAWS    OF    MAINE. 


Duties. 

To  exercise 
general 
supervision 
of  schools. 


Obtain  and 
disseminate 
information 
relating  to 
school  sys- 
tems, etc. 


Take  neces- 
sary meas- 
ures for 
holding  state 
educational 
conventions. 


May  hold 

county 

institutes. 


To  publish     • 
abstracts  of 
proceedings 
of  such 
conventions. 


Prescribe 
studies  to  be 
taught. 


State  exam- 
ination of 
teachers. 


school  officers  and  teachers  as  may  be  procured  with- 
out expense  to  the  state. 

Sect.  104.     His  duties  are  as  follows: 

I.  To  exercise  a  general  supervision  of  all  the 
public  schools,  and  to  advise   and   direct   the   town 
committees  in  the  discharge  of  their  duties,  by  circu- 
lar, letters  and  personal  conference,  devoting  all  his 
time  to  the  duties  of  his  office. 

II.  To  obtain  information  as  to  the  school  sys- 
tems of  other  states  and  countries,  and  the  condition 
and  progress  of  common  school  education  through- 
out the  world;  to  disseminate  this  information,  with 
such  practical  hints  upon  the  conduct  of  schools  and 
the  true  theory  of  education  as  observation  and  inves- 
tigation convince  him  to  be  important,  by  public  ad- 
dresses, circulars,  and  articles  prepared  for  the  press; 
and  to  do  all  in  his  power  to  awaken  and  sustain  an 
interest  in  education  among  the  people,  and  to  stim- 
ulate teachers  to  well  directed  efforts  in  their  work. 

III.  To  take  such  measures  as  he  deems  neces- 
sary to  secure  the  holding  of  a  state  educational  con- 
vention once  each  year,  with  a  view  of  bringing  to- 
gether the  teachers,  school  committees  and  friends  of 
education,  for  consultation  with  reference  to  the  in- 
terest of  common   schools   and   the   most  approved 
methods  of  instruction. 

IV.  If  sufficient  encouragement  is  afforded  by  the 
citizens,  to  hold  in  each  county  once  during  each 
year  a  public  meeting  or  institute  for  teachers  and 
educators. 

V.  To  prepare  and  cause  to  be  printed  and  dis- 
tributed such  portions  of  the  proceedings  of  state  in- 
stitutes or  teachers'  conventions  as  he  deems  impor- 
tant in  the  furtherance  of  education. 

VI.  To  prescribe  the  studies  to  be  taught  in  the 
common  schools,  reserving  to  town  committees  the 
right  to  prescribe  additional  studies. 

VII.  To  cause  to  be  held,  at  such  convenient 
times  and  places  as  he  may  from  time  to  time  desig- 
nate, public  examinations  of  candidates  for  the  posi- 


SCHOOL    LAWS    OF    MAINE.  31 

tion  of  teacher  in  the  public  schools  of  the  state.  Such 
examinations  shall  test  the  professional  as  well  as  the 
scholastic  abilities  of  the  candidates,  and  shall  be 
conducted  by  such  persons  and  in  such  manner  as  he 
may  from  time  to  time  designate.  Due  notice  of  the 
time,  place  and  other  conditions  of  the  examinations 
shall  be  given  in  such  public  manner  as  he  may  deter- 
mine. 

To  give  a  certificate  of  qualifications  to  all  candi-  certificates, 
dates  who  pass  satisfactory    examinations    in    such  successful 
branches  as  are  required  by  law  to  be  taught,  and  cs 
wno  in  other  respects  fulfill  the  proper  requirements. 
Such  certificate  shall  be  either  probationary  or  per- 
manent,   and    shall    indicate    the    grade    of    schools 
which  the  person  named  is  qualified  to  teach. 

To  keep  a  list  of  approved  candidates  in  the  office  List  of  camii- 

,  .  ,   ,.  dates,  at 

of  the  state  superintendent,  and  copies  ot  the  same  state  superin- 
with  such  information  as  may   be  desired    shall   be  office" 
sent  to  school  committees,  and  superintendents  upon 
their  request. 

The  certificates  issued  under  the  provisions  of  this  certificate, 

accepted  in 

act  shall  be  accepted  by  school  committees,  and  su-  lieu  of  exam- 

.     f .  /  .  .  ination  by  S. 

penntendents  in  lieu  of  the  personal  examination  re-  s.  committee, 
quired  by  section  eighty-seven,  chapter  eleven  of  the 
revised  statutes  and  all  amendments  thereto. 

*VIII.     Annually,  to  report  to  the  governor  and  Make  report 
council  the  result  of  his  inquiries  and  investigations,  anffcoumSi 
and  the  facts  obtained  from  the  school  returns,  with  ai 
such   suggestions  and  recommendations   as   in   his 
judgment  would  best  promote  the  improvement  of 
common  schools. 

flX.     Biennially,  as  soon  as  practicable  after  the  TO  compile, 

,.  r     i       1       •  1  M  11  publish  and 

adjournment  of  the  legislature,  to  compile  and  have  distribute 
printed  in  pamphlet  form,  three  thousand  copies  of  school  laws, 
the  amended  school  law  of  the  state  and  distribute 
the  same  to  the  municipal  and  school  officers  of  the 
several  towns. 

fX.     To  prepare  and  issue  annually  such  circu-  issue  circu- 
lars of  information  and  advice  to  school  officers,  re-  mattonand* 


*  As  sum-tided,  iS'.i:;. 

t  A>  amended  by  clmpter  :$07,  Public  Luws  oi 


SCHOOL    LAWS    OF     MAINE. 


advice  in 
relation  to 
new  laws. 


Furnish! 
blank  record 
books  to 
school 
officers. 


Superintend- 
ent, to  pre- 
pare and  for- 
ward to  town 
clerk  blanks 
for  school 
returns. 


To  notify 
delinquent 
superintend- 
ents; also,  to 
return  to 
state 
treasurer 
number  of 
children 
between  4 
and  21. 


Towns  may 
unite  and 
employ 
superin- 
tendent. 


—committee 
of  towns 


lating  to  new  school  enactments,  as  he  deems  neceS'- 
sary  for  the  intelligent  and  effectual  enforcement  of' 
such  enactments. 

$XI.  The  state  superintendent  shall  furnish  to 
the  school  officers  of  each  town,  proper  blank  books 
in  which  shall  be  kept  complete  and  itemized  records- 
of  all  matters  relating  to  moneys  appropriated,  re- 
ceived and  expended  for  schools,  which  said  books 
shall  remain  the  property  of  the  state. 

Sect.  105.  Such  superintendent  shall  prepare  and 
print  blank  forms  for  all  returns  required  by  law,  or 
deemed  by  him  necessary,  and  shall,  on  the  first  day 
of  each  March,  forward  to  town  clerks,  blanks  for  the 
annual  school  return,  and  registers  for  the  school 
year  commencing  on  the  first  day  of  April  following;; 
and  said  clerks  shall  forthwith  deliver  the  same  to 
the  school  committees  of  their  towns. 

*Sect.  106.  He  shall,  on  the  first  day  of  each 
June,  notify  the  school  superintendent  of  any  town- 
whose  returns  were  not  received  at  his  office  in  May, 
and  shall,  annually,  ascertain  on  the  first  day  of  July, 
the  number  of  children  between  four  and  twenty-one 
years  of  age,  in  the  towns  from  which  returns  are  re- 
ceived, and  furnish  a  list  thereof  to  the  treasurer  of 
state. 

fUNION    OF   TOWNS    FOR    EMPLOYMENT    OF    SUPERIN- 
TENDENT   OF    SCHOOLS. 

I.  On  and  after  July  first,  eighteen  hundred  and 
ninety-seven,  the  school  committees  of  two  or  more 
towns,  having  under  their  care  and  custody  an  aggre- 
gate of  not  less,  than  twenty-five  or  more  than  fifty 
schools,  may  unite  in  the  employment  of  a  superin- 
tendent of  schools,  provided  they  have  been  so  au- 
thorized by  a  vote  of  their  towns  at  the  regular  town 
meetings,  or  special  town  meetings  called  for  that 
purpose. 

II.  The  school  committee  of  the  towns  compris- 
ing a  union  shall  form  a  joint  committee,  and  for  the 


}  Chapter  273,  Public  Laws  of  1897. 


As  amended  by  chapter  216,  Public  Laws  of  1893. 
f  Chapter  296,  Public  L 


aws  of  1897. 


UNtVEHSITY 

SCHOOL    LAWS    OF    MAINE. 

purposes  of  this  act  said  joint  committee  shall  be  held  uniting  form 
to  be  the  agents  of  each  town  comprising  the  union,  committee. 
Said  joint  committee  shall  meet  annually  at  a  day 
and  place  agreed  upon  by  the  chairman  of  the  com-  _9hall  meet 
mittees  of  the  several  towns  comprising  the  union,  annually- 
and  shall  organize  by  the  choice  of  a  chairman  and  a 
secretary.    They  shall  determine  the  relative  amount  —fix  super- 

f  e  .  .      tendent's 

of  service  to  be  performed  by  the  superintendent  in  salary  and 

.,       ,  .  .  apportion 

each  town,  fix  his    salary,   apportion   the    amounts  amounts  to 
thereof  to  be  paid  by  the  several  towns,which  amounts  each  town, 
shall  be  certified  to  the  treasurers  of  said  towns  re- 
spectively; provided  that  the  amounts    so   certified 
shall  be  in  proportion  to  the  amount  of  service  per-  _ 
formed  in  the  several  towns.     They  shall  choose  by  superintend 
ballot  a  superintendent  of  schools,  in  which  choice  ent  of  schools 
the  committee  of  each  town  shall  have  a  vote  propor- 
tional to  the  town's  share  of  the  expenditure  for  the 
superintendent's  salary. 

III.     Whenever  the   chairman   and   secretary   of  Amount  to  be 

*  raised  by 

said  joint  committee  shall  certify  under  oath  to  the  towns. 
state  superintendent  of  public  schools,  (the  form  of 
certificate  to  be  determined  by  said  state  superin- 
tendent,) in  accordance  with  the  provisions  of  this  act, 
that  a  union  has  been  effected  as  herein  provided, 
that  the  towns  unitedly  have  raised  by  taxation  a  sum 
not  less  than  five  hundred  dollars  for  the  support  of  —amount  of 
a  superintendent  of  schools,  and  that  under  the  pro-  s 
vision  of  this  act  a  superintendent  of  schools  has  been 
employed  for  one  year,  then,  upon  the  approval  of 
said  certificate  by  the  state  superintendent  of  pub- 
lic schools,  and  the  presentation  thereof  to  the  gov- 
ernor and  council,  a  warrant  shall  be  drawn  upon  the 
treasurer  of  the  state  for  the  payment  to  the  treasur- 
ers of  the  several  towns  of  a  sum  equal  to  one-half  the 
amount  expended  for  superintendence  by  each  of  the 
several  towns  comprising  the  union,  provided  that 
not  more  than  two  hundred  and  fifty  dollars  shall  be 
paid  to  any  one  town  or  more  than  seven  hundred 
and  fifty  dollars  to  all  the  towns  comprising  any 
union. 

3 


34 


SCHOOL    LAWS    OF    MAINE. 


Salary,  how  IV.      The   towns   Uniting   for  the   purpose   of   em- 

determined. 

ploying  a  superintendent  of  schools  shall  appropriate 
for  his  salary  their  proportion  of  the  sum  paid  said 
superintendent;  and  the  amount  to  be  paid  by  each 
town  shall  be  determined  by  dividing  the  entire  sum 
expended  for  superintendence  among  the  towns  com- 
prising the  union  in  the  proportion  of  the  service  per- 
formed in  each  town. 

V.  Persons  employed  to  serve  as  superintendents 
of  schools  under  this  act  shall  hold  state  certificates 
under  the  act  of  eighteen  hundred  and  ninety-five, 
providing  for  the  state  examination  of  teachers,  and 
shall  devote  their  entire  time  to  superintendence. 

VI.  The  powers  and  duties  of  superintendents 
elected  under  this  act  shall  be  the  same  as  those  pre- 
scribed for  town  superintendents  in  chapter  eleven, 
section  eighty-seven  of  the  public  laws  of  the  state 
of  Maine. 

VII.  No  town  shall  receive  state  aid  under  this 
act  unless  its  appropriation  and  expenditure  for  su- 
perintendence have  been  exclusive   of   the   amount 
required  by  law  for  common   school   purposes.     If 
any  part  of  the  money  raised  by  the  towns  or  union 
of  towns,  or  paid  to  them  by  the  state  for  superin- 
tendence, is  expended  for  any  other  purposes  than 
those  provided  for  in  this  act,  then  each  person  so 
misappropriating  said  money  shall  forfeit  double  the 
sum  so  misapplied,  to  be  recovered  in  an  action  of 
debt,  in  the  name  and  to  the  use  of  the  town,  by  any 
inhabitant  thereof;  and  no  town  or  union  of  towns 
shall  receive  further  aid  under    this  act    until    the 
amount  so  misapplied  has  been  raised  and  expended 
for  superintendence  by  such  town  or  union  of  towns. 

^TEACHERS'  CONVENTIONS. 

Teachers  ^     Whenever  not  less  than  thirty  of  the  teachers 

toahoidrconize  an<^  scno°l  officers  of  any  county  shall  have  formed 
an  association  under  rules  of  government  approved 
by  the  state  superintendent  of  public  schools,  for 


Superintend- 
ents shall 
hold  state 
certificates. 


Powers  and 
duties  of 
superintend- 
ents. 


Amount 
raised  must 
be  exclusive 
of  common 
school  fund. 


Penalty  for 
misappro- 
priation. 


ventions. 


fChapter  273,  Public  Laws  of  18d5,  as  amended  by  chapter  283,  Pub- 
lic Laws  of  1893. 


SCHOOL    LAWS    OF    MAINE.  35 

the  purpose  of  mutual  improvement  in  the  science 
and  art  of  teaching,  and  of  creating  popular  interest 
in,  and  diffusing  a  knowledge  of  the  best  methods  of 
improving  our  public  school  system,  by  the  holding 
of  conventions  at  least  once  every  year  under  the  su- 
pervision of  the  state  superintendent,  the  state  shall 
defray  the  necessary  expenses  attending  the  holding  Jef?ay' t0 
of  such  conventions,  for  which  purpose  the  sum  of  exPenses- 
one  thousand  dollars  is  hereby  annually  appro- 
priated, to  be  deducted  and  set  aside  therefor  by  the 
treasurer  of  state  from  the  annual  school-fund  of  the 
state ;  provided,  however,  that  no  more  than  two  such  —proviso, 
associations  shall  be  formed  in  any  county,  and  that 
the  expenses  as  aforesaid  of  no  more  than  two  con- 
ventions of  any  such  association  in  any  year  shall  be 
defrayed  by  the  state. 

II.  Teachers  of  public  schools  are  hereby  author-  Teachers, 

.       -  i        i     f  authorized 

ized  to  suspend  their  schools  for  not  more  than  two  to  suspend 

.  .  ...  schoolsjand 

days  in  any  year  during  the  sessions  of  such  con-  attend, 
ventions  within  their  counties,  unless  otherwise  di- 
rected in  writing  by  the  school  officers,  and  attend 
said  conventions  without  forfeiture  of  pay  for  the 
time  of  such  attendance,  provided  they  shall  present 
to  the  officers  employing  them,  certificates  signed  by 
the  secretaries  of  such  conventions  and  counter- 
signed by  the  state  superintendent  of  public 
schools,  showing  such  attendance. 

III.  The  governor  and  council  are  hereby  au-  Governor 

,.        .       «    ,        .  -  P  and  council 

thonzed  to  draw  warrants  on  the  treasurer  of  state  to  draw 
for  the  payment  of  bills    for    the    expenses    herein 
provided  for,  when  such  bills  shall  have  been  ap- 
proved    by     the     state     superintendent     of     public 
schools;  provided,  however,  that  no  bills  shall  be  so  —proviso, 
paid  except  those  for  advertising  such  conventions, 
and  for  actual  traveling  expenses  of  speakers  and 
lecturers  not  residing  in  the  counties  in  which  such 
conventions  are  held. 


36  SCHOOL    LAWS    OF    MAINE. 


NORMAL    SCHOOLS. 

Three  normal      Sect.  107.     The  northern  normal  school  at  Farm- 
schools, 
where  mgton,  the  eastern  normal  school  at  Castine,  and 

located. 

the  western  normal  school  at  Gorham,  shall  be  con- 
ducted for  the  purposes  and  upon  the  principles 
herein  set  forth. 

Their  objects.  I.  They  shall  be  thoroughly  devoted  to  the  train- 
ing of  teachers  for  their  professional  labors. 

II.  The  course  of  study  shall  include  the  com- 
mon English  branches  in    thorough    reviews,    and 
such  of  the  higher  branches  as  are  especially  adapted 
to  prepare  teachers  to  conduct  the  mental,  moral  and 
physical  education  of  their  pupils. 

III.  The  art  of  school  management,  including 
the  best  methods  of    government    and    instruction, 
shall  have  a  prominent  place  in  the  daily  exercise  of 
said  schools. 

cnristianit          ^'     ^a^  scno°ls>  while  teaching  the  fundamen- 

to1bentaualhty  ta*  trutns  °f  Christianity,  and  the  great  principles  of 

morality,  recognized  by  law,  shall  be  free  from  all 

denominational  teachings,  and  open  to  persons  of 

different  religious  connections  on  terms  of  equality. 

Principals  of       V.     The  principals  of  the  normal  schools  and  of  all 

normal  ,  . 

schools  or       other  schools  in  which  normal  departments  are  sup- 

normal  de- 
partments in    ported,  wholly  or  in  part,  by  the  state,  shall  keep  a 
other  schools,  r  J 

required  to      register  containing  the  names  of  all  students  enter- 
forward  to 
superintend-    ing  such  schools  or  departments,  the  date  of  enter- 

ent  statistics     .'-,..; 

of  students      ing  and  leaving,  their  ages,  number  of  days  atten- 

therein;  and  • 

theinforma-    dance,  the  length  of  the  term,  a  list  of  text-books 

tion  to  be  laid 

before  the       used,  and  all    other    information    required    in    the 

legislature. 

blanks  furnished  by  the  state  superintendent.  Such 
register  and  blanks  shall  be  returned  to  said  superin- 
tendent by  the  first  day  of  each  December,  and  the 
information  so  furnished  shall  appear  in  his  annual  re- 
port, for  the  use  of  the  legislature. 

course  of  Sect.  io8.     The  course  of  study  shall  occupy  two 

arranged  by  years  with  suitable  vacations ;  and  with  the  terms  of 
admission  shall  be  arranged  by  said  superintendent, 
subject  to  the  approval  of  the  governor  and  council. 


SCHOOL    LAWS    OF    MAINE.  37 

The  trustees  may  arrange  for  a  course  of  study,  occu-  —trustees, 

may  extend 

pying  three  or  four  years,  for  such  students  as  may  it. 
elect  to  pursue  the  same. 

Sect.   109.     Any     student     who     completes     the  Diplomas, 
course  of  study  prescribed,  and  otherwise  complies  p 
with  the  regulations  of   the  school,  shall    receive   a 
diploma  certifying  the  same. 

Sect.   no.     Applicants  for  admission  shall  be  six-  Applicants 
teen  years  of  age  if  females,  and  seventeen  if  males  JtonTouaiifi- 
and  shall  signify  their  intention  to  become  teachers  cations  of- 
and  come  under  obligation  to  teach  in  this  state  for 
at  least  one  year,  and  if  they  receive  a  diploma,  two 
years  after  they  have  graduated;  on  these  conditions  -tuition, 
shall  be  received  without  charge  for  tuition ;  but  each 
pupil  shall  pay  one  dollar  and  fifty  cents  for  inci- 
dental expenses  of  the  school. 

Sect.  in.     Said  schools  are  under  the  direction  of  Trustees  of 
a  board  of  seven  trustees,  five  o£  whom  shall  be  ap-  schools, 

,    .  ,  appointment 

pointed  by  the  governor,  with  the  advice  and  consent  of,  etc. 
of  the  council,  for  not  more  than  three  years  under 

—term. 

one  appointment;   and  the   governor  and   superin- 
tendent  of   public   schools   are,   by   virtue   of   their 
office,  members  of  the  board.     Each  of  the  trustees 
appointed  by  the  governor  shall  receive  ten  cents  ^mpensa' 
a  mile  for  actual  travel  each  way,  and  two  dollars  a  _powersand 
day  for  his  services  when  employed.     Said  board  duties  of. 
has  charge  of  the  general  interests  of  said  schools; 
shall  see  that  the  affairs  thereof  are  conducted  as  re- 
quired by  law  and  by  such   by-laws    as   the   board  _report  of 
adopts;  employ  teachers  and  lecturers  for  the  same; 
and  annually  on  the  first  day  of  December  lay  before 
the  governor  and  council  for  the  information  of  the 
legislature,  a  financial  statement,  furnishing  an  accu- 
rate detailed  account  of  the  receipts  and  expendi- 
tures for  the  school  year  preceding. 

*Sect.   112.     For  support    of    the    three    normal 
schools,  and  the  Madawaska  Training  School,  thirty-  ^ppropria- 
one     thousand     dollars     is     annually     appropriated, tion  of  $31>000' 
to  be  expended  under  the  direction  of  said  trustees, 

*As  amended  by  chapter  .'57,  Public  Laws  of  ifitl. 


SCHOOL    LAWS    OF    MAINE. 


—treasurer,  to 


which  sum  the  treasurer  of  state  shall  deduct  for  said 
purpose  from  any  school-money  raised  for  the  sup- 
port of  common  schools.  The  governor  and  coun- 
cil may,  from  time  to  time,  as  they  think  proper, 
rants  ir^favor  draw  warrants  therefor  on  said  treasurer  in  favor  of 
said  trustees. 


of  trustees. 


Forfeitures, 
how  recov- 
ered and 
appropriated 


—penalty  of 
town  for 
neglect  to 
expend 
money. 


Penalty  for 
disturbling 
schools. 


Parents  or 
guardians, 
liable. 


PENAL    PROVISIONS    AFFECTING    SCHOOLS. 

Sect.  113.  Forfeitures  under  this  chapter,  not 
otherwise  provided  for,  may  be  recovered  by  indict- 
ment, and  shall  be  paid  into  the  treasury  of  the  town 
where  they  occurred,  for  the  support  of  schools 
therein,  in  addition  to  the  amount  required  by  law  to 
be  raised;  but  the  costs  of  prosecution  shall  be  paid 
into  the  county  treasury;  any  town  neglecting  for 
one  year,  so  to  expend  such  money,  forfeits  an  equal 
sum  to  any  person-  suing  therefor  in  an  action  of 
debt. 

Sect.  114.  Whoever,  whether  a  scholar  or  not, 
enters  any  schoolhouse  or  other  place  of  instruction, 
during  or  out  of  school  hours,  while  the  teacher  or 
any  pupil  is  present,  and  wilfully  interrupts  or  dis- 
turbs the  teacher  or  pupils  by  loud  speaking,  rude  or 
indecent  behavior,  signs  or  gestures;  or  wilfully  in- 
terrupts a  school  by  prowling  about  the  building, 
making  noises,  throwing  missiles  at  the  schoolhouse, 
or  in  any  way  disturbing  the  school,  forfeits  not  less 
than  two  nor  more  than  twenty  dollars,  to  be  recov- 
ered as  aforesaid,  or  on  complaint. 

*Sect  115.  If  a  minor  injures  or  aids  in  injuring 
any  schoolhouse,  outbuildings,  utensils  or  appurte- 
nances belonging  thereto;  defaces  the  walls,  benches, 
seats,  or  other  parts  of  said  buildings  by  marks,  cuts 
or  otherwise;  or  injures  or  destroys  any  school  prop- 
erty belonging  to  a  town,  such  town  by  the  truant 
officer  thereof,  or  any  one  of  them,  may  recover  of 
his  parent  or  guardian,  in  an  action  of  debt,  double 
the  damage  occasioned  thereby. 


*  As  amended  by  chapter  206,  Public  Laws  of  1S93. 


SCHOOL    LAWS    OF    MAINE.  39 

Sect.  116.     Whoever  defaces  the  walls,  benches,  Penalty,  for 
seats,  blackboards,  or  other  parts  of  any  schoolhouse  schoonurases, 

.       outbuildings, 

or  outbuildings  belonging  thereto  by  obscene  pic-  etc. 
tures,  language,  marks  or  descriptions,  shall  be  fined 
not  exceeding  ten  dollars,  on  complaint  made  with- 
in one  year. 

STATE     SCHOOL-FUNDS. 

Sect.  117.     The  treasurer    of    state  shall    keep  a  _, 

'  Permanent 

separate  account  of  all  moneys  received  from  sales  of  school-fund, 
lands  appropriated  for  the  support  of  schools  or  from 
notes  taken  therefor,  and  of  any  other  moneys  ap- 
propriated for  the  same  purpose;  and  such  sum 
shall  constitute  a  permanent  school-fund,  which  may 
be  put  at  interest  as  the  legislature  directs.  A  sum 
equal  to  six  per  cent  of  the  amount  of  such  fund,  and 
all  money  received  by  the  state  from  the  tax  on 
banks,  together  with  one-half  the  amount  of  the  an- 
nual tax  paid  by  savings  banks  shall  be  annually  ap- 
propriated to  the  support  of  common  schools,  an.d 
distributed  among  the  several  towns  according  to 
the  number  of  children  therein  between  four  and 
twenty-one  years  of  age. 

Sect.  1 1 8.     The  treasurer  shall,  immediately  after  Treasurer  to 
the  first  day  of  July,  apportion  to  the  towns  all  state  ScKSuS^ 
school-funds  for  the  year,  according  to  the  list  of 
children  furnished  by  the  superintendent  of  public 
schools,  as  provided  in  section  one  hundred  and  six. 
The  number  of  such  children  belonging  to  a  town  returS  are en 
from  which  either  the  school  committee  or  the  muni-  n< 
cipal  authorities  have  failed  to  make  the  returns  re- 
quired by  law,  shall  be  reckoned  by  takingthe  number 
used  as  a  basis  of  the  last  apportionment,  and  deduct- 
ing all  such  children  set  off  to  other  towns,  or  incorpo- 
rated into  a  new  town  within  a  year,  and  one-tenth  of 
the  remainder,  and  the  residue  shall  be  the  basis  of  the 
new  apportionment.     Immediately  after  making  the 
apportionments,  the  treasurer  shall  notify  each  town  ~~ 
of  its  proportion ;  which  shall  not  be  paid  to  any  town 
until  its  return  is  made  to  the  superintendent  of  pub- 


4O 


SCHOOL    LAWS    OF    MAINE. 


Mm  tax  for 
schoois.  ° 


HOW  assessed 
and  collected. 


Tobedistrib 
arfdamiuany" 


Any  portion 


school-fund, 


lie  schools,  nor  so  long  as  any  state  tax  assessed 
upon  such  town  remains  unpaid. 

Sect.  1  1  9.  A  tax  of  one  mill  on  a  dollar  shall  an- 
nually  be  assessed  upon  all  the  property  in  the  state 
according  to  the  valuation  thereof,  and  shall  be 
known  as  the  mill  tax  for  the  support  of  common 
schools. 

Sect.  I2O.  This  tax  shall  be  assessed  and  col- 
iected  m  tne  same  manner  as  other  state  taxes,  and 
be  paid  into  the  state  treasury  and  designated  as  the 
school  mill  fund. 

Sect.  I2i.  This  fund  shall  be  distributed  by  the 
treasurer  of  state  on  the  first  day  of  January,  an- 
nually, to  the  several  cities,  towns  and  plantations 
according  to  number  of  children  therein,  as  the  same 
shall  appear  from  the  official  return  made  to  the 
state  superintendent  for  the  preceding  year. 

Sect.  122.  All  of  the  school  mill  fund  not  distri- 
buted  or  expended  during  the  financial  year  shall  at 
its  close  be  added  to  the  permanent  school-fund. 


Presidents  of 
Sreof  Office! 


Fees  for 
conferred. 


tainaotners~, 
credit  fc>ve 


PROVISIONS   RESPECTING   LITERARY   INSTITUTIONS. 

Sect.  123.  Presidents  of  colleges  are  removable 
at  tne  pleasure  of  the  trustees  and  overseers,  whose 
concurrence  is  necessary  for  their  election. 

Sect.  124.  No  officer  of  a  college  shall  receive  as 
perquisites  any  fees  for  a  diploma  or  medical  degree 
conferred  by  such  college,  but  such  fees  shall  be  paid 
into  the  college  treasury. 

Sect.  125.  If  an  innholder,  confectioner,  or  keep- 
er  of  a  shop,  boarding-house  or  livery  stable,  gives 
credit  for  food,  drink,  or  horse  or  carriage  hire  to 
any  pupil  of  a  college  or  literary  institution  in  viola- 
tion of  its  rules,  or  without  the  consent  of  its  presi- 
dent or  other  officer  authorized  thereto  by  its 
government,  he  forfeits  a  sum  equal  to  the 
amount  so  credited,  whether  it  has  been  paid  or  not, 
to  be  recovered  in  an  action  of  debt  by  the  treasurer 
of  such  institution;  half  to  its  use,  and  half  to  the 


SCHOOL    LAWS    OF    MAINE.  41 

town  where  it  is  located;  and  no  person  shall  be 
licensed  by  the  municipal  officers  for  any  of  said  em- 
ployments, if  it  appears  that  within  the  preceding 
year  he  had  given  credit  contrary  to  the  provisions 
hereof. 

SCHOOL    FOR    THE    BLIND. 

*  Sect.   126.     Upon  the  request  of  the  parents  or  Governor  and 

...  ,.  council,  may 

guardians,  the  governor  may,  with  the  approval  01  send  to 
the  council,  send  such  blind  children  as  he  may  deem  stitute,  south 

,.        Boston,  Mass. 

fit  subjects  for  education,  for  a  term  not  exceeding 
ten  years,  and  thereafter  in  the  discretion  of  the  gov- 
ernor and  council,  in  the  case  of  any  pupil,  to  the 
Perkins  Institute  for  the  Blind  at  South  Boston, 
Massachusetts.  In  the  exercise  of  the  discretionary 
power  conferred  by  this  act,  no  distinction  shall  be 
made  on  account  of  the  wealth  or  poverty  of  the 
parents  or  guardians  of  such  children.  No  such 
pupil  shall  be  withdrawn  from  such  institution  except 
with  the  consent  of  the  proper  authorities  thereof  or 
of  the  governor ;  and  the  sums  necessary  for  the  sup- 
port and  instruction  of  such  pupils  in  such  institu- 
tion, including  all  traveling  expenses  of  such  pupils 
attending  such  institution  shall  be  paid  by  the  state ; 
provided,  however,  that  nothing  herein  contained 
shall  be  held  to  prevent  the  voluntary  payment 
of  the  whole  or  any  part  of  such  sums  by  the  parents 
or  guardians  of  such  pupils. 


LEGAL    HOLIDAYS    IN    MAINE. 

New  Years  Day,  January  i  ;  Washington's  Birth-  Le^ai 
day,  February  22;  Memorial  Day,  May  30;  Indepen- 
dence Day,  July  4;  Labor's  Holiday,  1st  Monday  in 
September;  Christmas,  December  25;  Thanksgiving 
Day,  Fast  Day,  appointed  by  the  Governor  and 
Council. 

Arbor  Day  is  a  school  holiday  when  observed  for 
the  purpose  for  which  it  is  designated  by  the  Gov- 
ernor and  Council. 


*  As  amended  by  chapter  2,  Public  Laws  of  1899. 


42  SCHOOL    LAWS    OF    MAINE. 

Sections  127  and  128.     (Repealed  by  chapter  203, 
Public  Laws  of  1893.) 
superin-i  *Sect.  129.     The  management  of  the  schools  and 

tencienij  sna.ii 

member  of  custody  and  care  including  repairs  and  insur- 

committee      ance  on  school-buildings,  and  of  all  school  property 
in  every  town,  shall  devolve  upon  a  superintending 
school  committee  which  shall  annually  elect  a  su- 
-townsmay   perintendent  of  schools  who  shall  not  be  a  member 
fntendent.r~     o* tne  committee,  who  shall  be  ex-officio  secretary  of 
the  committee;  but  any  town  may  elect  a  superin- 
tendent of  schools  by  ballot  at   the    regular    town 
meeting. 

*ALL  EDUCATIONAL  INSTITUTIONS  RECEIVING  STATE 
AID  SHALL  REPORT  TO  STATE  SUPERINTENDENT. 

Every  educa-       I.     Every  educational  institution  receiving  state 

tional  institu-  J 

sSe^kUhan  a*°*'  S^a^  reP°rt  to  tne  state  superintendent  of  public 

stat°ersu°er      schools,  the  total  and  average  attendance,  receipts 

mtendent.       and  expenditures,  number  of  instructors,  number 

and  length  of  terms,  with  attendance  for  each,  and 

answer  such  other  questions  as  he  shall  determine, 

and  the  same  shall  be  published  in  nis  annual  report. 

II.     Every  such  educational  institution  failing  to 

comply  with  the  above  requirements    shall    forfeit 

whatever  aid  or  assistance  it  would  otherwise  receive 

from  the  state. 


*  Chapter  246,  Public  Laws  of  1897. 


UNIVERSITY   1 

XV 


INDEX  TO  LAWS. 


DUTIES    OF    TOWNS. 

SECTION  i.  School  districts  abolished.  Exceptions  in  case  of  districts 
organized  with  special  powers  by  acts  of  legislature. 
Provisions  in  such  cases  for  sharing  school  funds.  Cor- 
porate powers  necessary  for  meeting  liabilities  and  enforc- 
ing rights,  continued. 

2.  Towns  to  take  possession  of  schoolhouses  and  other  prop- 

erty. Appraisal  thereof  to  be  made.  Tax  therefor  to  be 
assessed  and  remittance  to  be  made  to  tax  payers  of  dis- 
tricts. Procedure  in  case  of  districts  comprising  parts  of 
two  or  more  towns. 

3.  No  schools  abolished  or  location  thereof  changed  except  by 

vote  of  town  and  on  recommendation  of  school  commit- 
tee. School  committees  may  suspend  small  schools,  but 
all  schools  having  less  than  an  average  of  eight  scholars 
are  suspended  unless  continued  by  vote  of  town.  Super- 
intendents must  furnish  conveyance  to  all  scholars  when 
necessary. 

4.  Schools  to  be  of  same  length  and  not  less  than  twenty  weeks 

per  year.     Penalty  for  failure  thus  to  maintain. 

5.  Union    schools    may    be    maintained    by    adjoining    towns. 

Manner  of  support.     Management. 

6.  Towns  to  raise  money  for  support  of  schools.     Forfeiture 

for  neglect. 

7.  School-fund  and  milltax  withheld  from  delinquent  towns. 

8.  Towns  shall    provide  school-books  for    both    common  and 

high  schools  and  shall  not  pay  for  repairs,  insurance, 
apparatus,  &c.,  out  of  school-fund. 

9.  School   committees   shall   provide   for  the  distribution  and 

preservation  of  school-books. 
10.     Parent  or    guardian  to  be  taxed  for    books,  &c.,  lost    or 

damaged, 
n.     Cities  or    towns    may  instruct  in  industrial  or    mechanical 

drawing,  and  raise  money  for  evening  schools. 
13.     Certificate  to    be    returned    by  municipal    officers  to    state 

superintendent. 


44  SCHOOL    LAWS    OF    MAINE. 

SECT.      14.     Superintendent  to  furnish  blanks  to  municipal  officers. 

17.  No    school-money  to    be  paid    except  on  written    order  of 

municipal  officers. 

18.  Towns  to  choose  superintending  school  committee  of  three. 

Vacancies,  how  filled.     Eligibility. 

20.  Penalty  for  towns  failing  to  choose  committee. 

21.  Right  to  attend  school  defined.     Towns  may  make  by-laws 

concerning    truants,    &c.,    to    be    approved    by    judge    of 
supreme  court.     Penalty  for  breach  thereof. 

22.  Shall   appoint  persons   to  make  complaints   of  violation   of 

by-laws. 

23.  Truant  children  may  be  placed  in  suitable  institutions. 


COMPULSORY    EDUCATION. 

24.  Children  between  seven  and  fifteen  years  of  age  required  to 

attend  some  public  day  school  during  the  time  such  school 
is  in  session. 

25.  Cities  and  towns  must  elect  truant  officers.     Duties.     Pen- 

alties for  neglect.     Superintending  school  committee  may 
supply  vacancies. 

26.  Habitual  truant  defined.     How  punished.    Persons  encourag- 

ing truancy  how  punished.     Habitual  truants  may  be  sent 
to  Reform  School  or  Industrial  School. 

27.  Jurisdiction  of  officers. 


FREE    HIGH     SCHOOLS. 

28.  State  aid  extended  to  towns  maintaining  free  high  schools. 

Conditions.     Amount. 

29.  A    town  may  establish    two    free    high    schools.     Adjoining 

towns  or  one  or  more  precincts  may  establish  one.  Gifts 
and  bequests  to  be  faithfully  expended. 

30.  Location,  &c.,  of    free    high    schools.     How    supplied    and 

furnished. 

31.  Course    of    study.     Requirements    for    admission.     Out    of 

town  pupils  to  pay  for  tuition. 

32.  Free  high  schools  subject  to  school  laws,  and  school  com- 

mittee.    Exceptions. 

33.  Towns  may  raise  money  to  support  free  high  schools. 

34.  A    town    may    employ    an    academy  or  free  high  school  in 

another  town,  for  that  purpose. 

35.  Superintending   school    committee    or    committees    to    make 

annual  returns.  State  superintendent  to  certify  amount 
to  which  town  is  entitled.  Appeal  to  governor  and  coun- 
cil. Penalty  for  cheating  state. 

36.  Trustees    of    academies,    &c.,    may    surrender    property    to 

town  for  free  high  school. 


INDEX.  45 

SECT.      37.     Property,  how  conveyed. 

38.  Income  of  property,  how  applied.     Qualification    of    pupils, 

how  determined. 

39.  Non-residents  to  pay  tuition. 

SCHOOLHOUSES,     LOCATION     AND     ERECTION     OF. 

56.  Location  of  schoolhouses  determined  by  vote  of  town. 

57.  Proceedings  when  owner    of    lot    selected    for    schoolhouse 

refuses  to  sell.     Land  to  revert  to  owner  in  case  of  discon- 
tinuance. 

58.  Owner  of  land  aggrieved  may  have   the   matter   tried  by    a 

jury.     Costs,  by  whom  paid. 

59.  Erroneous  location   of    schoolhouse   lots    reestablished    and 

made  valid.       Proceedings  for  re-appraisement. 

60.  Selectmen  to  give  notice  in  writing  to  all  parties  interested. 

61.  How  sum  appraised  shall  be  assessed  and,  collected. 

62.  Any  tender  thereon  to  be  allowed  toward  payment. 

63.  Land  owners  may  appeal. 

64.  Improvements  to  inure  to  town  making  them. 

65.  Legality  of  schoolhouse  tax  not  affected  by  error  in  location 

of  lot. 

66.  Plan  for  erection  or  reconstruction  of  schoolhouse,  to  be 

approved  by  superintending  school   committee. 

POWERS     AND     DUTIES     OF     SUPERINTENDING     SCHOOL     COMMITTEES     AND 
SUPERINTENDENTS. 

85.  Superintending  school  committee  to  be  sworn. 

86.  Superintending  school  committee  first  chosen,  to  determine 

term  of  office  by  lot.     Vacancies,  how  filled.     No  member 
of  school  committee  may  teach  in  his  town.    .   , 

87.  Duties  of  superintending  school  committees.     What  consti- 

tute a  school  week  and  month.     Shall  elect  superintendent. 
Duties  of  superintendent. 

88.  Superintendents  shall  make  annual  statement.     Particulars. 

To  make  return  to  state  superintendent  of  public  schools. 
92.     Compensation  of  superintending  school  committees  and  sup- 
erintendents. 

DUTIES     AND     QUALIFICATIONS     OF     INSTRUCTORS. 

96.  Teachers  to  keep  school  register.     Not  to  be  paid  till  reg- 

ister is  completed. 

97.  Instructors  of  colleges  and  other  institutions  of  learning  to 

inculcate  morality,  justice  and  patriotism. 

98.  Forfeiture  for   teaching  without   certificate.      No  certificate 

valid  for  more  than  one  year.     Proviso. 

SCHOOLS     IN     PLANTATIONS. 

99.  Plantations   have  same   powers   and    liabilities    as    towns. 

Authorized  to  raise  money, 
loo.     Schooling  of  children  in  unorganized  townships. 


46  SCHOOL    LAWS    OF    MAINE. 


STATE     SUPERINTENDENT    OF     PUBLIC     SCHOOLS. 

SECT.    102.     State  superintendent  of  public  schools,  appointment  and  term 
of  office. 

103.  To  have  an  office  at  the  capital. 

104.  Duties  of  superintendent. 

105.  Superintendent  to  prepare  and  forward  blanks  for  returns 

of  schools. 

106.  Superintendent  to  notify  delinquent  school  committees,  and 

to  return  to  state  treasurer  number  of  children  between 
four  and  twenty-one  years  of  age. 


UNION  OF   TOWNS   FOR   EMPLOYMENT  OF   SUPERINTENDENT   OF 
SCHOOLS. 

107.  Normal    schools    at    Farmington,    Castine    and    Gorham  to 

remain  as  established.     Purposes  for  and  principles  upon 
which  they  shall  be  conducted. 

108.  Course  of  study,  how  arranged. 

109.  Diploma,  to  whom  awarded. 

no.     Applicants  for  admission,  qualifications  of,  to  pay  $1.50  per 

session. 
in.     Governor,  state  superintendent  and  five  others  to  constitute 

board    of    trustees.     Term     and    compensation.     Annual 

report  of  governor  and  council. 
112.     Annual   appropriation  of  $31,000. 


PENAL    PROVISIONS    AFFECTING     SCHOOLS. 

113.  Forfeitures,  how  recovered  and    appropriated.     Penalty    of 

town  for  neglect  to  expend  money  as  provided. 

114.  Penalty  for  disturbing  schools. 

115.  Parents  or  guardians  liable  for  injury  to  buildings  or  other 

property  by  minors. 

116.  Penalty  for  defacing  schoolhouses,  outbuildings,  etc. 


STATE    SCHOOL-FUNDS. 

117.  Permanent  school-fund  and  bank    tax,  how    managed    and 

appropriated. 

118.  Treasurer  of  state  to  apportion    school-funds.     Basis    when 

returns  not  received.     Not  to  be  paid  till  return  is  made. 

119.  Mill  tax  on  all  property  in  the  state  for  support  of  common 

schools. 

120.  How  assessed  and  collected. 

121.  To  be  distributed  to  towns,  etc.,  annually   on   the   first   day 

of  January. 

122.  Unexpended  balance  to  be  added  each  year    to    permanent 

school-fund. 


INDEX.  47 


PROVISIONS     RESPECTING     LITERARY     INSTITUTIONS. 

SECT.    123.     Presidents  of  colleges  removable  at  pleasure  of    appointing 
power. 

124.  Graduation  fees  not  perquisites  of  college  officers,  but  pay- 

able into  college  treasury. 

125.  Innholders,  stablekeepers,  &c.,    forbidden  to  give    credit    to 

students. 


SCHOOL     FOR     THE     BLIND. 

SECT.    126.     Governor  and  council  may  send  blind  children    to    Perkins 

Institute,  South  Boston,  Mass. 

129.     Committee    shall    have    charge    of    repairs,    insurance,     &c. 
Superintendent  shall  not  be  member  of  committee.     Towns 

may  elect  superintendent. 
Legal  holidays  in  Maine. 

All  educational  institutions  receiving  state  aid  shall  report 
to  state  superintendent. 


APPENDIX. 


SUGGESTIONS,  EXPLANATIONS  AND  FORMS. 


SUGGESTIONS    AND    EXPLANATIONS. 

SECT.  i.  The  provision,  that  "the  corporate  powers  of  every 
school  district  shall  continue  under  this  act  so  far  as  the  same 
may  be  necessary  for  the  meeting  of  its  liabilities  and  the  enforc- 
ing of  its  rights,"  applies  especially  to  those  cases  where  dis- 
tricts have,  under  provisions  of  section  81,  chapter  n,  Revised 
Statutes  of  1883,  borrowed  money  to  erect  schoolhouses,  etc., 
payable  in  annual  instalments.  It  continues  in  force,  so  far 
as  those  cases  are  concerned,  the  provisions  of  section  83,  here 
quoted : 

"Section  83.  At  each  annual  assessment  of  town  taxes  after 
such  loan,  the  assessors  of  the  town  shall  assess  the  amount  of 
the  instalment  and  interest  for  that  year,  on  the  polls  and  estates 
in  the  district,  as  if  the  district  had  voted  to  raise  it,  and  it  shall, 
in  like  manner,  be  collected  and  paid  to  the  town  treasurer,  who 
shall  pay  each  instalment  and  interest  as  it  becomes  due  on 
demand  of  the  owner  of  the  security." 

SECT.  5.  The  requirement,  that  "every  town  shall  make  pro- 
vision for  the  maintenance  of  all  its  schools  for  not  less  than 
twenty  weeks  annually,"  does  not  modify  or  amend  the  pro- 
visions of  section  6.  The  two  sections  taken  together  require 
every  town  to  raise  for  common  schools,  annually,  not  less  than 
the  sum  provided  for  in  section  6,  and  enough  more  to  maintain 
all  its  schools  as  required  in  section  5,  if  more  be  necessary. 

SECT.  9  and  10.  It  is  to.be  hoped  and  expected  that  under 
the  new  system,  the  carelessness  in  the  distribution  and  care 

4 


50  APPENDIX. 

of  text-books,  which  has  prevailed  in  some  towns,  will  cease. 
Now  that  the  town  owns  and  controls  the  schoolhouses,  proper 
and  safe  receptacles  should  be  put  into  every  house  in  which  to 
keep  the  books  when  not  in  use.  Teachers  should  be  held  to 
strict  accountability  for  keeping  proper  registers  or  records  of 
their  distribution  to  and  return  by  pupils.  Parents  should  be 
strictly  required  to  make  good  all  unnecessary  injury  to  or  loss 
of  books  by  their  children.  All  books,  except  in  very  excep- 
tional cases  and  then  only  by  express  permission  of  superin- 
tendent, should  be  given  up  by  pupils  at  the  end  of  every  term. 
Books  seriously  defaced,  or  injured  beyond  ready  repair,  should 
be  discarded  from  use,  and  new  ones  supplied.  If  proper  rules 
be  made  by  school  boards  for  the  management  of  these  matters, 
and  those  rules  be  strictly  enforced,  the  almost  criminal  un- 
system  which  has  prevailed  in  certain  towns,  can  be  very  easily 
corrected. 

SECT.  17.  Under  the  new  system,  the  school  board  or  some 
member  thereof  authorized  to  do  so,  must  avouch  for  or  approve 
all  bills,  before  the  municipal  officers  can  legally  draw  orders 
for  their  payment.  In  most  cases  the  superintendent  should  be 
so  authorized,  or  the  superintendent  in  connection  with  one 
member  of  the  subcommittee  of  the  board  under  whose  authority 
any  particular  bill  has  been  contracted. 

SECT.  21.  The  provision  of  chapter  162,  Public  Laws  of 
1893,  herein  incorporated,  that,  "the  age  of  pupils  allowed  to 
attend  the  public  schools  of  this  state  is  hereby  fixed  between 
the  ages  of  five  and  twenty-one  years  of  age,"  was  not  intended 
to  change  and  does  not  change  the  basis  upon  which  state 
school-moneys  are  apportioned  to  towns.  That  basis  continues 
to  be  as  prescribed  in  section  106,  "the  number  of  children 
between  four  and  twenty-one  years  of  age,"  as  they  existed  in 
each  town  on  the  first  day  of  April  preceding.  The  provision 
was  intended  only  to  fix  definitely  by  statute,  what  no  previous 
statute  had  fixed,  the  age  at  and  during  which  all  children 
should  have  an  enforceable  right  to  attend  the  public  schools. 

SECT.  33.  When  a  free  high  school  precinct,  formed  in 
accordance  with  section  7  of  chapter  216,  Public  Laws  of  1893, 
votes  to  raise  money  by  taxation  for  either  of  the  purposes 
named  in  this  section,  as  it  may  by  the  terms  of  said  section  7, 


V.  »  '  *   T   > 

OF  THE  s\ 

UNIVERSITY 

APPENDIX.        \  51 

such  money  may  be  assessed  and  collected  in  the  manner  pre- 
scribed in  sections  75  to  79  inclusive,  chapter  n,  Revised  Stat- 
utes of  1883,  which  are  here  quoted: 

"Section  75.  When  a  district  votes  to  raise  money  for  any 
legal  purpose,  its  clerk  shall  forthwith,  or  within  the  time  pre- 
scribed by  the  district,  certify  the  amount  thereof  to  the  assess- 
ors of  the  town,  and  the  time  when  it  must  be  raised ;  and  within 
sixty  days  after  receiving  such  certificate  they  shall  assess  it  as 
they  do  town  taxes,  on  the  polls  and  estates  of  the  residents  and 
owners  in  the  district  at  the  time  of  raising  said  money,  whether 
wholly  in  their  town  or  not,  and  on  the  non-resident  real  estate 
in  the  district.  They  shall  then  make  their  warrant  in  due  form 
of  law,  directed  to  any  collector  of  their  town  or  of  the  district, 
if  any,  if  not  to  a  constable,  requiring  him  to  levy  and  collect 
such  tax  and  pay  it  to  the  town  treasurer  within  the  time  limited 
in  the  warrant;  and  they  shall  give  a  certificate  of  the  assess- 
ment to  such  treasurer  and  may  abate  such  taxes  as  in  the  case 
of  town  taxes. 

"Section  76.  The  assessors  may  include  in  their  assessment 
such  sum  over  and  above  the  sum  committed  to  them  to  assess, 
not  exceeding  five  per  cent  thereof,  as  a  fractional  division  ren- 
ders necessary,  and  certify  that  fact  to  the  town  treasurer. 

"Section  77.  The  town  treasurer  shall  pay  the  expense  of 
assessing  and  collecting  any  school  district  tax  out  of  the 
money  of  the  district,  upon  the  order  of  the  selectmen. 

"Section  78.  Section  one  hundred  and  forty-two  of  chapter 
six,  and  all  other  sections  relating  to  the  same  subject  apply  to 
taxes  assessed  by  or  for  school  districts,  so  far  as  applicable ; 
but  the  district  and  not  the  town  is  liable. 

"Section  79.  The  collector  or  constable,  and  the  town  treas- 
urer, or  treasurer  and  collector,  if  one  person  is  both,  each  have 
the  same  powers  and  are  subject  to  the  same  duties  and  obliga- 
tions in  relation  to  district  taxes,  as  to  town  taxes;  and  they 
and  the  asessors  shall  be  allowed  by  the  district  for  their  ser- 
vices, a  compensation  proportionate  to  what  they  receive  from 
the  town  for  similar  services." 

SECT.  87.  Items  I,  II  and  III.  The  duties  of  school  com- 
mittees herein  prescribed,  may  be  performed  by  the  superin- 
tendent when  so  specially  directed  under  the  provision  of  chap- 


52  APPENDIX. 

ter  216,  section  8,  Public  Laws  1893,  that  he  shall  ''perform 
such  other  duties  as  said  committee  shall  direct."  In  such  case 
it  will  be  sufficient  legal  evidence  of  the  teacher's  examination, 
qualifications,  and  employment,  if  the  certificate  granted  be 
signed  by  the  superintendent  alone,  "per  order  of  the  commit- 
tee." A  definite  record  of  the  vote  directing  him  to  perform 
these  duties,  and  all  others  which  they  "shall  direct"  him  to 
perform,  should  be  made. 

SECT.  87.  Item  IV.  A  requirement  by  the  superintending 
school  committee,  that  the  Protestant  version  of  the  Bible  shall 
be  read  in  public  schools  of  their  town,  by  scholars  who  are  able 
to  read,  is  not  in  violation  of  any  constitutional  provision,  and 
is  binding  upon  the  members  of  the  school,  although  composed 
of  divers  religious  sects.  Donahoe  vs.  Richards,  38  Me.  379. 

SECT.  87.  Item  VI.  The  superintending  school  committee 
have  no  power  to  dismiss  a  schoolmaster,  unless  for  one  of  the 
causes  mentioned  in  Stat.  1821,  Chap.  117,  Sec.  3,  providing 
that  the  "committee  shall  have  power  to  dismiss  any  schoolmas- 
ter or  mistress  who  shall  be  found  incapable  or  unfit  to  teach 
any  school,"  and  this  must  be  in  writing,  under  their  hands, 
specially  assigning  the  cause  of  dismissal.  Searsmont  vs.  Far- 
well,  3  Me.  450.  When  there  are  three  members  of  the  super- 
intending school  committee,  two  of  them  have  no  power  to 
dismiss  a  master,  under  the  provisions  of  Stat.  1834,  Chap.  129, 
Sec.  3,  unless  due  notice  has  been  given  to  the  third  that  he 
might  attend  and  act  with  them.  Jackson  vs.  Hampden,  16 
Me.  184. 

When  after  one  day's  notice  to  the  teacher,  the  superintend- 
ing school  committee  visited  the  school  and  made  a  full  exam- 
ination into  charges  against  the  teacher,  and  the  teacher  and  his 
witnesses  were  fully  heard,  and  no  objection  was  made  by  him 
for  want  of  due  notice,  nor  any  request  for  delay  or  to  be  heard 
further,  the  teacher  thereby  waived  any  objection  to  the  notice 
if  insufficient,  and  is  not  entitled  to  his  wages  for  teaching  after 
being  notified  by  the  committee  of  his  dismissal  as  the  result  of 
such  investigation.  Woodbury  vs.  Knox,  74  Me.  462. 

SECT.  87.  Item  XII.  The  requirements  of  section  8,  chap- 
ter 216,  Public  Laws  of  1893,  that  committees  shall  annually 
elect  a  superintendent,  and  that  all  returns  shall  be  made  by  said 


APPENDIX.  53 

superintendent,  are  obligatory.  Failure  to  elect  such  superin- 
tendent would  work  forfeiture  of  state  school  money  so  long 
as  such  failure  continued;  for  the  state  treasurer  is  expressly 
forbidden  to  pay  over  such  money  "to  any  town  until  its  return 
is  made  to  the  superintendent  of  common  schools,"  (section 
1 18)  ;  and  the  superintendent  of  public  schools  cannot,  except 
by  practical  violation  of  his  oath  of  office,  certify  to  the  state 
treasurer  the  receipt  of  any  return  not  made,  as  the  law  requires, 
by  a  superintendent  so  elected. 

SECT.  114.  If  one  over  twenty-one  years  of  age,  voluntarily 
attends  a  town  school,  and  is  received  as  a  scholar  by  the 
instructor,  he  has  the  same  rights  and  duties,  and  is  under  the 
same  restrictions  and  liabilities,  as  if  under  that  age.  Stevens 
rs.  Fassett,  27  Me.  266.  When  a  scholar  in  school  hours, 
intrudes  himself  into  the  instructors's  desk,  and  refuses  to  leave 
it  on  the  request  of  the  instructor,  such  scholar  may  be  lawfully 
removed  by  the  instructor.  And  for  that  purpose,  he  may 
immediately  use  such  force,  and  call  to  his  assistance  such  aid 
from  any  other  person,  as  is  necessary  to  accomplish  the  object, 
without  the  direction  or  knowledge  of  the  superintending  school 
committee. — Ib.  The  statute,  1850,  chapter  193,  article  10,  sec- 
tion 13,  (containing  the  provisions  of  section  114,)  for  the  pro- 
tection of  schools,  is  applicable  to  private  schools  regularly 
established  and  in  operation  for  instruction  in  the  art  of  writing. 
State  vs.  Leighton,  35 ;  Me.  195. 

A  schoolmaster  is  not  liable  for  inflicting  corporal  punish- 
ment upon  a  pupil,  if  it  is  not  clearly  excessive,  in  the  general 
judgment  of  reasonable  men.  Patterson  i?s.  Nutter,  78  Me.  509. 

A  board  of  superintending  school  committee  cannot  elect  a 
superintendent  of  schools  while  there  are  vacancies  existing  in 
the  board,  or  until  those  vacancies  are  legally  rilled.  Strout,  J., 
in  case  of  town  of  Cumberland. 

If  a  vacancy  exists  in  the  board  of  superintending  school 
committee  at  the  time  of  the  annual  town  meeting  and  the  town 
fails  to  elect  a  person  to  fill  this  vacancy,  it  must  be  filled  by  the 
remaining  members  of  the  board  and  cannot  be  filled  by  a  special 
town  meeting. 


54  APPENDIX. 

FORMS. 
I.     FREE  HIGH   SCHOOL   PRECINCTS. 

The  application  made  to  the  municipal  officers  of  the  town  for 
the  calling  of  a  meeting  to  form  a  free  high  school  precinct,  may 
be  as  follows : 
To  the  selectmen  of  the  town  of : 

You  are  hereby  requested  by  the  undersigned,  legal  voters  of 
the  town  of ,  resident  in  the  section  of  said  town  here- 
inafter described,  to  call  a  meeting  of  the  voters  resident  within 
the  following  described  limits,  to  wit:  (here  definitely  describe 
the  limits  of  the  proposed  precinct}  ;  to  be  held  at  (here  name  the 

place  of  meeting)  on  the day  of ,  189.  .,  at 

o'clock  in  the ,  then  and  there  to  act  upon  the  follow- 
ing articles : 

1.  To  choose  a  moderator  to  preside  at  said  meeting. 

2.  To  choose  a  secretary  for  said  meeting. 

3.  To  see  if  said  voters  will  establish  said  described  section 
as  a  free  high  school  precinct. 

4.  To  choose  an  agent  and  clerk  for  said  precinct. 

5.  To  provide  and  appropriate  such  sums  as  may  be  deemed 
necessary  for  the  support  of  a  free  high  school  within  said  pre- 
cinct for  the  ensuing  year. 

6.  To  determine  where  said  school  shall  be  located  or  kept. 

7.  To  act  upon  any  other  business  which  may  legally  come 
before  said  meeting. 

Dated  at  said ,  the day  of ,  189.  . . 


The  notice  for  a  meeting  on  the  foregoing  application  may  be 
in  the  form  following: 

To ,  one  of  the  inhabitants  of  the  following  described 

section  of  the  town  of ,  viz  :  (Here  recite  the  limits 

given  in  the  foregoing  application.) 


APPENDIX.  55 

Greeting. — Written  application  having  been  made  to  the 
undersigned,  municipal  officers  of  said  town,  by  (here  insert 
•mimes  of  those  signing  application),  legal  voters  of  said  section, 
to  call  a  meeting  of  the  legal  voters  thereof  at  the  time  and  place 

and  for  the  purposes  hereinafter  named,  you,  the  said , 

are  hereby  required  in  the  name  of  the  State  of  Maine,  to  notify 

and  warn  the  inhabitants  of  said  section  of  the  town  of , 

qualified  by  law  to  vote  in  town  affairs,  to  meet  at  the  (here 
designate  the  place  of  meeting)  in  said  section  (here  insert  the 
time  and  purposes  of  the  meeting  as  set  fo\rth  in  the  application 
therefor.) 

Dated  at ,  the day  of ,  189. . 

,  Selectmen  of . 

The  form  of  return  (or  certificate  of  notice)  on  the  foregoing 
warrant  may  be  as  follows : 

Pursuant  to  the  within  warrant,  to  me  directed,  I  have  noti- 
fied and  warned  the  inhabitants  of  the  within  described  section, 
in  the  town  of ,  qualified  as  therein  expressed,  to  assem- 
ble at  the  time  and  place  and  for  the  purposes  therein  expressed, 

by  posting  up  an  attested  copy  of  said  warrant  at in 

said  section,  and  at.  . ,  being  public  and  conspicuous 

places  in  said  section,  on  the day  of ,  being  seven 

clays  before  said  meeting. 

Date  the dav  of.  .  ,  18. . 


II. 

Certificate  of  superintending  school  committee  of  dismissal  of 
a  teacher. 

The   undersigned,    superintending   school    committee   of   the 

town  of ,  met  at  the  schoolhouse  in  *school  No.  .  . .,  in 

said  town,  on  the day  of ,  18.  .,  due  notice  of 

which  time  and  place  of  meeting  and  the  purposes  thereof  hav- 
ing been  given  to  each  member  thereof  and  to  the  teacher  in 
said  district,  and  after  careful  and  deliberate  investigation,  we 

do  hereby  certify  that  we  deem  the  services  of ,  now 

employed  as  a  teacher  in  said  district,  *unprofitable  to  the  school 


*If  schools  are  designated  otherwise 'than  by  number,  use  such  designation. 


56  APPENDIX. 

therein,  and  we  accordingly  dismiss  said  teacher  for  the  reasons 
following,  viz : 

{Here  insert  the  reasons  of  dismissal.) 
Dated  at  said ,  the day  of ,  A.  D.  18. . 


Supt.  School  Com.  of . . . . 

III. 

Certificate  of  Expulsion  of  a  Scholar. 
The    undersigned,  superintending    school    committee  of    the 

town  of ,  met  at  the  schoolhouse  in  ^school  No.  . . ., 

in  said  town  on  the day  of ,  18.  .,  due  notice  of 

which  time  and  place  of  meeting  and  the  purposes  thereof  hav- 
ing been  given  to  each  member  of  said  committee,  and  after 

proper  investigation  of  the  behavior  of ,  a  scholar  in  the 

school  therein  kept,  we  have  adjudged  that  the  said is 

an  obstinately  disobedient  and  disorderly  scholar,  and  that  we 
deem  it  necessary  for  the  peace  and  usefulness  of  the  school  that 
he  be  removed  therefrom,  and  we  accordingly  expel  the  said 
from  said  school. 

Dated  at  said ,  the day  of A.  D.  18.  . 


Supt.  School  Com.  of . . . . 

*lf  schools  are  designated  otherwise  than  by  number,  use  such  designation. 


